QUESTION

my dad died recentley my sister my brother and i are his kids out of wedlock and he was also married what are we entitled too

Asked on Jan 08th, 2015 on Family Law - California
More details to this question:
We are his youngest kids and we have his only grandkids his wife is deceased also he also owns a house and have a bank account with money in it. We are on his life insurance but his other side of kids treat us unfairly.. can we get everything divided do we have rights? What can we do
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1 ANSWER

Family Law Attorney serving Suisun City, CA at Law Offices of Russo & Prince
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Please understand that this is a very simple answer based on a hypothetical situation which assumes that there are no other relevant factors that have been omitted from your question. First, determine if there is a will, trust or other document that controls the distribution of your father's estate.  If not, the California Probate Code outlines rules of 'intestate succession' that govern the distribution.  If his wife is deceased, then the entirety of his estate passes equally to his children in the absence of a will.  The law does not distinguish between biological, adopted, or marital or non-marital children.  All legal children should receive an equal share of the estate.  You also mention a life insurance policy.  This is different.  The beneficiaries under that policy will not be determined by reference to California intestate succession rules, but rather the terms of the policy.   I hope this helps. Best of luck to you.
Answered on Jan 08th, 2015 at 12:52 PM

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