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my dad died wout a will we are splitting property between step-mom, brother and half-sister who is a minor. i signed something stating that my stepmom is the gaurdian of my sisters estate. we are still going over who gets what. should i have waited to sign this?
Asked on May 14, 2009 under Estate Planning, California
MD, Member, California Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
Well, it depends on how your father held the property with his new wife and/or whether he held anything with you or his daughter.
Normally, intestate law in California also has to comply with community property law. In other words, if the house is jointly owned as joint tenancy with the wife, the wife gets all. Same thing with bank accounts. In terms of really anything else, it goes by intestate law. So, if not joint property, then 1/2 goes to surviving spouse and 1/2 goes to decedent, which then passes intestate to his heirs.
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