Legal Question in Wills and Trusts in California
Inheritance
My natural father passed away,there was no will.,my question is does everything go automatically to his wife or are his children entitled to anything. He lived in California and I live in Texas.
1 Answer from Attorneys
Re: Inheritance
If your father died Intestate, (without a will) the children are entitled to a share of the estate. Where does the wife live. Has a probate been opened in the Probate Court in Calif? What County did he die in. How long has it been. A Probate action must be filed in California unless all the assets were community property. You may file as an heir of the deceased and request that you be appointed as the administrator. If the wife applies and she lives in Calif more than likely she will be appointed. The childrens share is set by statute. The wife would get at least one Third up to 50% of his share of the property and the children would split the remaining portion. Please email for a free consultation.
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