Legal Question in Wills and Trusts in California
My father died recently this year. I came back to help my mother.. I manged my father's property for her until I quit because of issues I was having with her. She has now hired her boyfriend to manage the place. I am wondering since there was no will, does 100 percent of my father's property go to my mother or does any of it belong to me? I believe that his businesses were only under his name.
Asked on 12/20/10, 10:29 pm
2 Answers from Attorneys
Gary R. White
Burton & White
Community property in California goes to the surviving spouse. Separate property is shared by the surviving spouse and the child(ren).
Answered on 12/27/10, 1:34 pm
Mr. White is correct. Your mother gets 100% of the community property, but separate property is divided between her and you (and siblings if any) according to a formula. You need to open a probate.
Answered on 12/30/10, 7:39 pm
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