Will she get anything if there was no will my father left? 3 Answers as of June 10, 2015

My father passed away three years ago. He had married a woman in Mexico in 2010/11 (I really can't remember). He tried to get her all set up to come to the US, but Mexico was having trouble finding her birth certificate. Then he passed away in 2012. We (my brother and I) don't know her at all. We've never met her. While cleaning out his house we didn't find any paperwork that had her name on anything.

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Law Offices of George H. Shers | George H. Shers
As his wife, she is legally entitled to inherit his assets; in California, that would be 100% of the community assets and 1/3rd of the separate property. You need to see some local probate attorneys as to what you can do, as you can not legally deny her existence. I would assume that at some point she will try to communicate with her husband.
Answer Applies to: California
Replied: 6/10/2015
The Schreiber Law Firm
The Schreiber Law Firm | Jeffrey D. Schreiber
If there is no will, then your father died intestate, which means the intestacy laws of the State where he lived will control who receives his property. Most states, including California, provide a distribution for the surviving spouse. Also, since you mention there is a house, if the title is in your father's name, in order to validly and properly transfer title now or at some point in the future, most likely a probate will have to be opened. Due to both the rights of the surviving spouse and the house, your should consult an experienced probate attorney who can properly advise you on both issues.
Answer Applies to: California
Replied: 6/9/2015
Law Office Of Victor Waid
Law Office Of Victor Waid | Victor Waid
Consult a probate lawyer to determine your rights and the rights of any other person to your father's property.
Answer Applies to: California
Replied: 6/9/2015
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