Legal Question in Wills and Trusts in California

Your father's wife would not take under the will if the will specifically mentioned her and omitted her from any share.

I think it might depend on whether your dad's interest in the estate was already vested before his death. But to give an opinion about the outcome, a lawyer would have to review the will and know the exact dates of death.

Wills and trusts generally cover situations such as this one and the exact answer to your question will depend on what you Aunt's will and/or trust provide. Generally speaking, however, if you Father died after your Aunt his estate is entitled to receive anything that he would have received under your Aunt's will and/or trust. Those assets would then be distributed under the terms of your Father's will and/or trust. If you are in doubt or there is a disagreement with the executor and/or beneficiaries of your Aunt's will, you should consult with a lawyer ASAP.

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