Legal Question in Wills and Trusts in California

Estate Without a will

My mother passed 3 years ago (intestate) She and my stepfather were still legally married but seperated It is my understanding that under community property law the spouse is entitled to 1/3 of her estate (because she has 2 children) with the exception of gifts or things inherited. My mother inherited a house before she passed After she passed the house was sold and the money from it is currently in a probate and was originally supposed to be split between me and my brother but is now being split 3 ways now including my stepfather He already has possession of her restaurant, cars, etc. Is he entitled to a portion of the inheritance and all of her property because her restaurant, cars and other property are not included in the probate, it all just went directly to her spouse.


Asked on 11/13/07, 2:19 pm

1 Answer from Attorneys
Mitchell Roth MW Roth, Professional Law Corporation

Re: Estate Without a will

If you don't have a lawyer to represent you and your brother's interest in these probates, get one. Your mothers half of the community property goes by intestate distribution, plus all of her separate property. You are correct, that 1/3 goes to her spouse. All of the property you mention, should go through probate, but you have to enforce your rights in the probate proceeding.

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Answered on 11/13/07, 5:59 pm


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