What is CA law on kids entitlement if Father died with no will, and he remarried?

Question

Just looking for some answers.

State specific: California

dad died and had no will in place, he had remarried 9 years ago.

All kids are from prior marriage, and of legal age now.

Home has bank note against it, and he owned it way before he remarried, his name is only on deed and loan.

He has a retirement / pension check of one lump sum.

How are house possessions divided?

All kids reside outside of CA, and were needing to know if there are any entitlements under CA law?

Any other input is appreciated.

Answer 1

id say that if the kids are all adults and the dad was married. that everything would legally go to the wife.. if theres no will in place.. don't mean that as a kid you can't fight it but make sure you have tons of money for the lawyers fee.. and to the kids will more than likely spend tons of money for the lawyer and not really get anything at all..

Answer 2

The above answers are not correct.  All _community_ property will go to the wife.  However, that is not true as to separate property, and assets that the father had prior to remarriage (including the house)were, and probably remained, separate property.  If the house was not fully paid off prior to the remarriage, and part of the purchase price of the house was paid with community funds after the remarriage, that may affect whether, and what portion, of the house is separate property.  

Since it appears that there is more than one child, 1/3 of the separate property would go to the wife, and the other 2/3 would be divided equally among the children.

There are many places on the web where you can find California laws on intestate succession.  Here is one:

http://www.mbscott.com/intestat.htm

but with this complicated a situation, you really must consult with a California probate attorney.

Answer 3

A wife takes precedence over children. She gets his estate. There are no entitlements. Sorry.