Legal Question in Wills and Trusts in California
My father remarried and now deceased intestate
After my mother died, my father married and adopted new wife's two children, her niece and they had a child of their own. My brother and I are the first two children of my father. Does my brother and I have any right to my mother's portion of community property and real property after her death and now after my father's recent death or does the new wife of 13 years get the intestate succession portion only? and the other 2/3 is split six ways? I need to know this answer in order to descide what is next. Is my brother and I entitled to the personal posessions of my mother also?
2 Answers from Attorneys
Re: My father remarried and now deceased intestate
Your question cannot be answered as stated as it makes some assumptions which do not necessarily apply. You would be well served by obtaining representation, call me directly at (619) 222-3504.
Re: My father remarried and now deceased intestate
A lot depends on how title to certain property was held prior to your mother's death. You and your brother would have been entitled to 2/3 of your mothers separate assets, but your father would have taken title to all jointly owned property and community property (assuming that she did not have a will).
Since your father did not have a will, either, everything that he owned would pass by intestate succession. There could be a question as to whether he was holding some of your mothers property that should have gone to you, which would have made him a trustee.
Depending on how much is involved, it might be wise for you to get legal counsel to assert your rights.
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