Q: Do my siblings and I have any right to my late Fathers estate and is it too late to pursue?
My father passed away in February of 2022 in California. He had no Will that anyone is aware of. His wife of just under 2 years immediately sold his house and took all his assets and moved out of state. Some time has gone by and my siblings and I have been given advice that we were entitled part of his estate. Do we have a legal claim here? Has too much time passed?
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A:
In California, if your father passed away without a Will, his assets would be distributed according to California's intestate succession laws. Given these laws, when someone dies without a Will and is survived by a spouse and children from a different relationship, the estate is divided between the spouse and the children.
The spouse typically receives all community property and a portion of the separate property, with the children receiving the remainder of the separate property. If you and your siblings believe you have not received your rightful share, you may have a legal claim.
Time is of the essence, as there are statutes of limitations that may apply. It's crucial to consult with legal counsel promptly to evaluate your potential rights and claims regarding the estate. Documenting all relevant details and actions taken by the surviving spouse can be helpful in this pursuit.
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