Legal Question in Wills and Trusts in California

My father died and their seem to be no will. His wife is not in knowledge of his personal affairs, ie bank accounts, safe deposit box or PO box. As his daughter what should I do?


Asked on 7/22/09, 4:00 pm

1 Answer from Attorneys
Chris Johnson Christopher B. Johnson, Attorney at Law

His surviving spouse is entitled to his community property, while his separate property (property/assets he owns alone) is divided half to surviving spouse and half to his child (1/3 to spouse and 2/3 to children if he had more than one child). If the assets together are worth less than $100,000, the estate can be claimed by using the affidavits specified in Probate Code sections 13100 and following, but if it's worth more, probate must generally be opened.

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Answered on 7/22/09, 4:54 pm


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