Long Beach, CA asked in Family Law for California

Q: Under CA law, if a widow remarries and later dies, will his adult children from his 1st wife have claim to his estate?

The widow did not sign a prenuptial before marrying his second wife in CA, and did not have a will.

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James L. Arrasmith
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  • Sacramento, CA
  • Licensed in California

A: In California, if a person dies without a will (intestate) and is survived by a spouse and children from a previous marriage, the distribution of the estate depends on whether the property is considered community property or separate property.

1. Community property: Generally, assets acquired during the marriage are considered community property. In this case, the surviving spouse (the second wife) would typically inherit all of the community property.

2. Separate property: Assets owned by the deceased spouse before the marriage, or acquired during the marriage by gift or inheritance, are considered separate property. In this situation, the surviving spouse would inherit one-third of the separate property, while the deceased spouse's children (from the first marriage) would inherit the remaining two-thirds of the separate property, divided equally among them.

If the widow later dies without a will, the distribution of her estate will again depend on whether the property is community or separate and whether she has any surviving children or grandchildren.

It's important to note that this is a general overview of California's intestate succession laws, and there may be exceptions or additional factors to consider based on the specific circumstances. It is always advisable to consult with a qualified estate planning attorney to understand the implications of remarriage on estate distribution and to create a comprehensive estate plan to ensure one's wishes are carried out.

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