Q: my dad passed away and didn't leave a will. My mom passed away and left a will with my sister being the beneficiary
Does my sister inherit everything even if my dad didn't leave a will
I was told by some family members that since my father didn't leave a will
that my dad part should be divided by my brother and sister.
A: It depends on whether your father was married to your mother when he passed, and if so, whether his children were of your mother and father's marriage. You need a probate attorney to assist you.
Assuming parents were married at the time of dad's death and all his children came from their marriage, then the surviving spouse would get 100% of the community property, 1/3 of separate personal property with 2/3 going to the children, and surviving spouse gets a 1/3 life estate in the separate real property which comes back to the children when the surviving spouse dies. This assumes she survived him by 120 hours.
If there are any children from outside the marriage, the equation changes. Then the children get 100% of the decedent's community property share, equally.
If the decedent was unmarried and had children, the children then get 100% of all the decedent's property. However, you have to go through probate to determine heirship rights and establish any of this.
To establish who gets what, you will have to probate both estates.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.