Legal Question in Wills and Trusts in California

Re: no will, wife and 3 children

1/3 to wife and 2/3 to children. Get a lawyer and probate the estate.

Re: no will, wife and 3 children

Thank you for your posting on LawGuru.com, and the opportunity for me to help you by responding to your posting.

The answer to your question is contained in California's Probate Code, sections ��6400, et seq. If you prefer your answers free of legalese, then the law says that if there is no will, and if property is owned that is subject to probate laws, then the "estate" (everything the deceased owned) must go through probate to be transferred.

If the decedent was married (you mentioned "wife and 3 children"), then the issue is what property was community property (if any) and what property was separate property (if any).

Community property goes to the surviving spouse through probate. Separate property if there are three children would go one third to the surviving spouse, and the remainder to surviving children.

I hope this helps. If you do have other questions, feel that you need legal representation, or want legal advice, please feel free to email me directly at rmiller[at]expertlawfirm.com. It's my pleasure to help in any way that I can. Thank you.