Legal Question in Wills and Trusts in California
Will and Distribution of Estate
My father has been married to my step-mother for 12 years. They live in CA. He adopted her 2 kids from her previous marriage. He owns the house they live in which he bought before their marriage and he Her name is not on the deed. She has not worked during the marriage but contributed approx $20,000 toward the house for repairs from money she rec'd from her father. My father wants to will his assests to me, his biological daughter. Will his wife and/or adopted children who are over 18 yrs old have any rights to his estate if they are not listed as beneficiaries in his will?
1 Answer from Attorneys
Re: Will and Distribution of Estate
Your step-mother has a 1/2 community property interest in a portion of the home if your father used money from his wages earned during his marriage to service the mortgage, pay property taxes, make repairs, etc. If she is living when he dies and he has no will, she will take his half of the community property portion of the home plus her half of that portion. Any separate property of his will be shared 1/3 by your step-mother and 2/3 among all of his children, natural or adopted. However, he may have transmuted the separate property portion of the home to community property. He can change the disposition of his property by will, but note that this will only change what happens to his separate property and his half of his community property. The other half of the community proeprty will still belong to your step-mother. (This statement does not constitute my representation of you, nor is it an attorney-client communication. However, I would be pleased to discuss representing you on a formal basis.)
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