mom passed away dad remarried he passed away and she keeped everything its been 3 years

Asked on June 8, 2009 under Estate Planning, California

Answers:

B. B., Member, New Jersey Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

I'm not a California attorney, and if you want to pursue this, you will need to get all of the facts to a lawyer in your area, for reliable advice.  One place to look for an attorney is our website, http://attorneypages.com

My research suggests that whatever your late father owned that qualified as community property would automatically go to his widow, if he left no will, but anything that was his separate property should have gone half to his children by his first marriage.

There's a chance that it is now too late to do anything about this.  The law tends to be less than kind to people who don't assert their rights promptly.


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