Legal Question in Wills and Trusts in California

intestate succession laws, CA

Hello:

My children's father was killed in an auto accident March of 2006. He did not own any real property, but did have personal effects that amounted to about 15,000.00. He and I were divorced and have four children together. He had been newly married for three weeks before his death and the personal effects mentioned were his seperate porperty. His new wife has not been willing to give the children any of his belongings and has been selling, giving or donating his things as she desires. I was told the my children should be entitled to 2/3 of his seperate property. Is this true? Regarding the property that she has dispersed, what do we do about that? I'm not sure this is a probatable issue or a civil issue.

Also, the accident was directly caused by the new wifes bald truck tires. Is there a possible wrongful death suit here? Thank you!


Asked on 1/26/07, 3:28 pm

1 Answer from Attorneys
Matthew Mickelson Law Offices of Matthew C. Mickelson

Re: intestate succession laws, CA

You would only receive anything from his estate if you are named in his will. As for a wrongful death lawsuit, it's very doubtful you would be able to sue, but your children might be able to.

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Answered on 1/26/07, 3:57 pm


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