Re: Will - rights of descendants when a parent remarries

it depends on what your father's will or estate plan says. whether the wife lives with you or not is not a factor.

Re: Will - rights of descendants when a parent remarries

If there is no will, she would be entitled to 1/3 to 1/2 of the seperate property of your father. The percentage depends on how many children are involved.

On the other hand, he can make a will, and give it all or none to her. California is a community property state, and anything that is community property would automatically be 1/2 hers, and then she would receive 1/3 to 1/2 of his half, again in the event there is no will.

Re: Will - rights of descendants when a parent remarries

If the house is paid for free and clear the new wife will not acquire a community property interest in it. Without some thing like your Dad changing title, or making a Will. If the house isn't paid for she will acquire a community property interest in the house. After your Father's death she can assert a spousal ________ (can't recall what it's called). She gets to reside in the house for a period after your Fathers death.