Legal Question in Wills and Trusts in California

Re: Fathers Estate with estranged wife

If he heas been separated from his current wife, "estranged" then you may have a basis to claim the shares. Contact me directly.

Re: Fathers Estate with estranged wife

If your father was still married to your stepmother, she inherits one third of your fathers property and the 2 children inherit 2/3. That is the law of intestacy. You have to file a probate. One of the children should apply to be personal administrator of the estate. The personal administrator will be able to collect all of your father's assets, sell the real estate and divide the estate as per the law of intestacy. You should hire a lawyer to assist. The legal fees are paid from the estate and are subject to court approval.

Re: Fathers Estate with estranged wife

If your dad had no will then you are likely entitled to 2/3 for the children to split and 1/3 going to his wife; that is assuming it is "separate property." If wife files a spousal property petition I suggest hiring counsel to object to anything more than 1/3 being characterized as community property. I might suggest starting the probate, even though wife has priority, to get the ball rolling. I suggest you hire counsel! Good luck.