Legal Question in Wills and Trusts in California

My step mother was married to a police officer, they had 2 children. He was killed & she has been receiving money from the county he worked in for over 30 yrs. She married my father in 1992 & he passed away on July 1, 2013. So she kept the fact she was legally married a secret to collect money off her deceased husband. She knew once she let the state & county know she was married all the benefits she received from he deceased husband would end. I believe she is the primary benefactor on all my fathers financial affairs. Can she legally obtain that money? We have their marriage certificate & she signed legal documents stating she is my fathers spouse. How should I proceed?

Asked on 7/09/13, 10:58 am

2 Answers from Attorneys

Anthony Roach Law Office of Anthony A. Roach
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The fact that she may or may not have defrauded the county does not affect her ability to inherit from your father.

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Answered on 7/09/13, 11:04 am
Victor Waid Law Office of Victor Waid
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But the county may make a claim against any share she is entitled to receive from the father's share for recovery of funds.

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Answered on 7/10/13, 12:27 pm

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