How do the children go about inheriting the property or does it go to his wife? 9 Answers as of October 08, 2014

My dad recently passed. He has my grandmother’s property in another state that was bequeathed to him when she passed years ago. My dad left no will and my parents were separated for 40 years.

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James Law Group
James Law Group | Christine James
You have to provide more information to an attorney but there is a strong chance the children have at least some interest in the property. It won't happen automatically so you need to exercise your rights.
Answer Applies to: California
Replied: 10/8/2014
Law Offices of Frances Headley | Frances Headley
When a person dies without a will, in other words intestate, then the law provides the statutory provisions for dividing up the estate. In California all of the community property goes to the spouse and the separate property is divided between the spouse and the children. You should consult a probate attorney to review all of the facts to determine how the court is likely to on the spouse?s status and the property division.
Answer Applies to: California
Replied: 10/8/2014
Law Ofices of Edwin K. Niles | Edwin K. Niles
Under Cal law, inherited property is separate property. However, the Cal courts do not have jurisdiction over real property in another state. If Dad was a resident of Cal, you may have to open a domiciliary probate here, and an ancillary probate where the property is located. Lots of ifs here; you should have a conference with a lawyer familiar with probate law.
Answer Applies to: California
Replied: 10/8/2014
Law Office of Nathan Wagner
Law Office of Nathan Wagner | Nathan J. Wagner
Which state did your dad live in? Different states have different laws for who inherits and for the procedure used to transfer property. In California, your stepmother would inherit a portion and you and your siblings would inherit a portion. You should talk to a probate attorney in the state where your dad lived.
Answer Applies to: California
Replied: 10/8/2014
Law Office of Patricia A. Simmons
Law Office of Patricia A. Simmons | Patrica A Simmons
Unfortunately, if your father did not have a will nor did he divorce his wife, the Intestacy laws of California provide that the wife receive 1/3 and the children split the other 2/3 of his estate. You will need to contact an attorney in the state where your father received his mother's property to ascertain how that property is to be divided.
Answer Applies to: California
Replied: 10/8/2014
    Danville Law Group | Scott Jordan
    One of the children will need to file to probate your father's estate. Who inherits what will depend on a great many factors and is based on California succession laws. For instance, although separated, your parents appear to be still married. The property in question is your father's separate property (versus community property) and your mother may be entitled to 1/2 of the property and the children 1/2. Your mother can choose to decline the property, which means it would all go to the children.
    Answer Applies to: California
    Replied: 10/8/2014
    Law Offices of George H. Shers | George H. Shers
    You need to speak to a probate attorney in your state; normally they will not charge for a 15-20 discussion as to what needs to be done and what they can do. You need to find out what the title is on your grandmother's property, did your mother pay any taxes on it or any of the expenses of the property? In California, property that is inherited is considered a private asset of your father, but if the other spouse pays any of the expenses it can be converted into community property that both people then own. If your mother did not divorce your father, then she probably remains one of his heirs. each state has different rules as to who inherits if there is no Will.
    Answer Applies to: California
    Replied: 10/8/2014
    Law Office of Jeffrey T. Reed | Jeffrey T. Reed
    You need to go to the state where the property is located and go through the probate courts there. You should find out If your Dad ever transferred the title to his name if not it could take some work to get it done.
    Answer Applies to: California
    Replied: 10/8/2014
    Irsfeld, Irsfeld & Younger LLP | Norman H. Green
    Hire a lawyer in the state where the property is. Probably wife gets a third and issue share the other two-thirds.
    Answer Applies to: California
    Replied: 10/8/2014
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