If my late father died in 5 months before my stepmom and no Will was filed for either, does my stepbrother inherit everything because his mom died after my dad?

Asked on March 23, 2015 under Estate Planning, California


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

In your state, when someone dies without a will, the surviving spouse gets all "community" property (everything acquired during marriage) and, when there is a child of the deceasd spouse, roughly 1/2 of the decedent's (deceased person's) non-community property (e.g. things owned before marriage). Therefore, if your father had property which he owned separately or brought into marriage, you should have gotten a share of it; your step brother would get everything else, including everything owned jointly by your rather and stepmother. If you believe you did not receive property or assets to which you were entitled, you should consult with an attorney who handles trusts and estates or probate cases.

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