Legal Question in Wills and Trusts in California

Re: father passed away, does common-law wife get everything?

If they were married, you may be out of luck. If not, you need to determine how they held title to the house. You may want to open a probate, too.

Re: father passed away, does common-law wife get everything?

If your father died without a will all of his property will pass through "intestate succession" where the state believes most people would want their property to go, i.e., first to spouse, if no spouse, then to children, etc.

You are likely going to want to get a local attorney to open a probate and determine the extent of his property ownership. If he and woman with whom he lived held the property as "joint tenants" then you probably would not have an interest in the real property, but would still have rights to the personal property.

If the real property was held as "tenants in common" you would likely have rights. Then, of course, you have to figure out what personal property your father owned and what belonged to the woman.

With the limited information in your question, more questions are raised than answers that can be given. I think you should consult a local California attorney to discuss in detail the information that you have as well as to discuss your options.

Re: father passed away, does common-law wife get everything?

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