Legal Question in Wills and Trusts in California
can step children s rights with no will
couple live together many years, woman has growen children,get married, wife dies 2 years later. widower dies 4 years later, no will, do step chilren have any rights to estate? he has sisters.couple had house, some money in the bank.do not now if her name was on the house.
2 Answers from Attorneys
Re: can step children s rights with no will
The answer depends on facts missing from the question.
The step-children may have a right to some of the property if it was their mother's separate property AND the stepfather had no will.
If the stepfather had a will or trust, then the will or trust would control.
Finally, if any of the property was held in joint tenancy or had beneficiaries named (like pay-on-death bank accounts), the named joint tenant(s) or beneficiaries would take the asset(s).
Re: can step children s rights with no will
No, you are out of luck. However, if the wife died without a will and any of her property was separate property (as opposed to marital or community property), then you might have had a right to part of it at her death under Probate Code Section 6401 and following. The issue is going to be whether you have waited too long to claim it now. You might need to consult an attorney. (This statement does not constitute my representation of you, nor is it an attorney-client communication.)
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