Legal Question in Wills and Trusts in California

Re: Father died no will does 3rd wife get everything?

A lot will depend on how title was held ... joint tenants, tenants in common, community property.

You may be entitled to a share of the estate, but it could take some litigation to show it.

Re: Father died no will does 3rd wife get everything?

Not an easy question without more information. If the estate is community property with 3rd wife, then she gets it all. If property is held in joint tenancy, there is a strong presumption she gets it all. But if part of the property is the separate property of father, then as a general rule, 3rd wife gets 1/3rd of the separate property, and you all get the other 2/3rds.

The characterization of the estate property as commuity or separate is a very complex legal analysis. E.g., if part of the estate was owned by father before his marriage to 3rd wife, it is separate; but he could make that community with his 3rd wife, and a good argument exists that a joint tenancy deed did just that. But there are transmutation laws now affecting conversion of separate to community. This is why it is such a complex question. It is probably best that you consult with an atorney knowledgable about probate issues in your area.

NOTE: Please understand that the information provided in this reply is for informational purposes only and does not create an attorney-client relationship. It also may not be complete, and is designed for general information to parties under California law. Before you make any decision that might possibly have legal implications, you should consult with our office, or another qualified professional, so that thorough legal advice can be provided in a manner that relates to your specific circumstances. Thank you.

Reply Posted By:

Wayne V.R. Smith

Attorney at Law

P.O. Box 3219

Martinez CA 94553

Re: Father died no will does 3rd wife get everything?

A detailed analysis is required. If there is a viable legal theory to file a petition in probate court, often these matters resolve is settlement. Please call me directly at (619) 222-3504.

Re: Father died no will does 3rd wife get everything?

The answer is yes, unless all of the assets were in joint tenancy, in which case you will have to prove that you had an interst in the assets prior to the death of your father...........

Re: Father died no will does 3rd wife get everything?

You better make friends with your father's third wife and try to get her to will the estate to you after she dies. Usually the wife will agree to divide the estate equally between her children and her spouse's children AFTER SHE DIES. But you need to develop good relations with her for this.