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

UPDATED: Jun 8, 2009

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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


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

Answered 12 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,

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.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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