My mom passed with no will and house just sold does spouse get 100% or would I get a percentage of the proceed?

Question

My mom received an inheritance from a living trust while married but that inheritance was used to purchase new furniture etc and down payment on their manufactured home no will was created although my grandmother had paid for one to be drawn but I believe my stepdad coerced my mom not to have one made and she was terminally ill with cancer he was cheating on my mom at the time of her passing and this person is residing in the home and was a childhood friend of mine. My stepfather has not spoken to me or been cooperative with receiving any of my mom's or my personal belongings such as pictures memorabilia etc and I just found out he sold the home for $240,000 on December 15th of this year. Do I have any legal requests in this situation as my mom did not have a well made before her pass

T. Augustus Claus · Answer

In the absence of a will, the distribution of your mother's estate will likely be governed by the intestate succession laws of California. In California, when a person dies without a will, the surviving spouse is typically entitled to a significant portion of the estate. The specific share depends on whether your mother had any surviving children or other close relatives. 
 
Since your mother's house was sold, the proceeds from the sale would be part of her estate. If your mother and stepfather were married at the time of her passing, it's common for the surviving spouse to inherit a substantial portion of the estate, which may include the proceeds from the sale of the house.

James L. Arrasmith · Answer

In California, when someone passes away without a will (intestate), the distribution of their assets, including the proceeds from the sale of a home, is governed by the state's intestate succession laws. In most cases, if your mother did not have a will, her surviving spouse, your stepfather, would typically inherit a significant portion, if not all, of her estate. 
 
However, there are some important considerations in your situation. If your mother received an inheritance from a living trust and used it to purchase the home and other assets, this could affect the distribution. Assets acquired with her separate property or inheritance may not be considered community property and might be subject to different rules. Additionally, if there were any joint tenancy or beneficiary designations on the home or other accounts, these could impact the distribution. 
 
Regarding personal belongings and memorabilia, typically, these are considered part of the estate and would be distributed according to intestate succession laws. If your stepfather is not cooperating with you in this matter, you may want to consult with an attorney to help you navigate the legal process and ensure your rights are protected. 
 
Given the complexity of your situation and potential nuances related to property ownership and inheritance, it's crucial to seek legal counsel to assess the specifics of your case and determine the best course of action. An attorney can provide guidance based on California law and help you understand your legal rights and options.

Q: My mom passed with no will and house just sold does spouse get 100% or would I get a percentage of the proceed?