If my father left no will who will get his house the second wife or me because my motherfirst wifedied?

My father died many years ago his
second wife has been living in the
property ever since, my mother who is
his first wife died in 2007. My father
left no will so I’m wondering if my
brother and I are legally to a share of
this property? Also my father had two
kids with second wife. Is this worth
fighting for?

Asked on June 26, 2016 under Estate Planning, California


S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

Since your father died intestate (without a Will), the rules of intestate succession determine inheritance.
Under intestate succession, the surviving spouse (second wife) inherits his entire estate.
If there had not been a surviving spouse, your father's estate would have been divided equally among the four children from both marriages with each child inheriting 1/4, assuming there weren't any children who predeceased your father and had surviving children (your father's grandchildren).

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