Legal Question in Wills and Trusts in California

Rights to estate from parent

I am not sure if my father has a will or not. He was remarried 21 years ago to a woman 20 years his junior. My father has 3 grown children from his first marriage. His new wife has 3 grown children from a previous marriage. When and if my father passes before his wife who will be entitled to his estate or any part of his estate? If there is a will could it be contested by his children? And what if there is no will at all, would everything go to his spouse or are his adult children entitled to anything?

Thank you.


Asked on 7/12/99, 10:45 am

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

Re: Rights to estate from parent

Your father can leave his estate to anyone, but if he doesn't have a will (or some other type of estate planning), his community property (generally half of the property earned during marriage) is given to his spouse, and his separate property (generally property owned by him prior to the marriage or received by gift/inheritance) is divided between his spouse and children.

This would not include assets with designated beneficiaries, such as life insurance and retirement plans.

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Answered on 7/15/99, 5:31 pm


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