Legal Question in Wills and Trusts in California
Natural Child rights
My father passed away and had no will. All property he owns was jointly purchased with my stepmother. He does have a few personal items; watch, tools that he had before he got remarried. Am I entitled to any of the perssonal items? I've heard California law says has everything goes to the surviving spouse if there is not a will.
Thank you.
1 Answer from Attorneys
Re: Natural Child rights
In addition to any property held as joint tenants with the surviving spouse, all community property goes to the surviving spouse if there is no will. Separate property (property acquired before marriage or from gifts and inheritances during marriage) in that case would pass by the laws of intestate succession (unless the separate property had been commingled with or transmuted into community property).
SEE:
http://www.leginfo.ca.gov/cgi-bin/displaycode?section=prob&group=06001-07000&file=6400-6414
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