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

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

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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