Legal Question in Wills and Trusts in California
No Will
My father in law died a few weeks ago. We can not find a will. He has three children and a second wife that he has been married to for 25 years. He also owns a home and property where he lived in California. Do they split the property four ways or does his second wife get it all?
3 Answers from Attorneys
Re: No Will
That will depend on how the title to the property was held. If it was held as community property, she will most likely get it all. If it was his separate property, she would be entitled to 1/3 and the other children would split the remaining 2/3.
Re: No Will
The children may get nothing if the property was held in joint tenancy. See a local attorney to determine whether it is necessary to open a probate estate.
Re: No Will
Community property goes to his spouse, and separate property is split 1/3 to spouse and 2/3 to children. However, check the title on the assets, as joint tenancy property/assets go directly to the surviving joint tenants.
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