Colton, CA asked in Family Law, Military Law, Municipal Law and Probate for California

Q: My father just passed I'm his daughter there is no will and I need to know if I have any rights to his military benefits

His present wife never allowed him to be in our lives mom married him his first enlist year I was born un1964 he had vasectomy to ensure me and mynow deceased brother would have something after his death he married his wife after an affair my brother was still his custody but he died we didn't know public life till he retired in 1980 he married her many years later while getting ready to retire from city of Rialto.everything of his went to her I'm sure he didn't know.

1 Lawyer Answer

Richard Samuel Price

Answered
  • Probate Lawyer
  • Redlands, CA
  • Licensed in California

A: His surviving spouse would be entitled to all of the community property that they owned, or any joint tenancy held property. Since he had two children, you both would share 2/3 of his separate property and his surviving spouse would be entitled to 1/3 of his separate property. But if he was married for a long term, there probably isn't any separate property.

You'll have to contact the Veterans Administration to determine if you're entitled to any survivor's benefits.

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