QUESTION
Who would get my father's inheritance?
Asked on Aug 22nd, 2013 on Foreclosures - California
More details to this question:
Recently my father passed away he left a lot behind such as cars, lands and houses but he didn't leave an inheritance letter. My mom was divorced from him and he had another child with another woman. He was never married to her but they did live together for 16 years. They attorney she is hiring since me and mom can’t afford one says that since he lived with her for so long technically it counts as marriage and she gets 50% of everything while me and my brother each get 25%. The attorney is charging 5,000 to start. Is this reasonable? It saddens me that so much of my dad’s work is going to someone he despised.
2 ANSWERS
If your father and his 16 year companion were in a common law marriage state, she may be entitled to a spouse's share. If not in a common law state, she is probably entitled to nothing. You should get some legal help, even if by hiring a lawyer to represent you in exchange for a portion of what the lawyer can get for you, or through a legal aid society. Or, you could file a motion with the court for guidance.
Answered on Aug 26th, 2013 at 11:07 AM
Why is this question posted in the Foreclosure Defense section? What is an "inheritance letter"? Do you mean a will? Did your father die in California? California law does not recognize common law marriage, so the other woman has no inheritance rights no matter what her lawyer says. However, her child does. The woman's attorney will have to file a probate proceeding and the court will apportion the estate. The most likely outcome is an equal division among the children.
Answered on Aug 23rd, 2013 at 11:54 AM