Legal Question in Wills and Trusts in California

brother and his wife filed for legal searation. brother has now died. is the ex-wife entitled to all the assets from my brother? no will

Asked on 5/25/13, 1:24 pm

2 Answers from Attorneys

Phillip D. Wheeler, Esq. Phillip D. Wheeler, Attorney At Law
0 users found helpful
0 attorneys agreed

Anything deemed community property is all hers. There is a slight possibility of obtaining any of the brothers separate property if the brother intended for the monies or assets to go to someone else.

Read more
Answered on 5/25/13, 1:27 pm
Anthony Roach Law Office of Anthony A. Roach
0 users found helpful
0 attorneys agreed

Normally a surviving spouse takes a share of all of the community property and varying degrees of the deceased spouse's separate property depending on how many children survived.

Probate Code section 78 defines the term surviving spouse. If your brother had obtained a decree of divorce, she would not be his surviving spouse, and I would disagree with Mr. Wheeler, as the terms of the divorce decree would determine property issues. But Probate Code section 78 also states that a party to a marriage settlement agreement that determines property issues would also not be considered a surviving spouse.

I can't tell from your post where your brother was in the legal separation process. It may be possible that they signed a property settlement agreement which may have terminated marital property rights. If so, I suggest speaking to a competent probate attorney as soon as possible.

Read more
Answered on 5/28/13, 3:08 pm

Related Questions & Answers

More Probate, Trusts, Wills & Estates questions and answers in California

Looking for something else?

Get Free Legal Advice

88953 active attorneys ready to answer your legal questions today.

Probate, Trusts, Wills & Estates Legal Forms

Browse and download our attorney-prepared and up-to-date legal forms from $4.99

Find a Legal Form

Featured Attorneys

Anthony SmithLawSmithLee's Summit, MO
Glen AshmanAshman Law OfficeAtlanta, GA
Barry SteinDe Cardenas, Freixas, Stein & ZacharyMiami, FL
Find An Attorney

Are you an Attorney?

Earn additional revenue and grow your business. Join LawGuru Now