Please consult with a lawyer who practices probate law immediately. If your father died without a will and his surviving spouse is not your mother, you are entitled to a portion of his estate. If it is community property, the children (and descendants) are entitled to one half and the surviving spouse one half. If not community, the surviving spouse is entitled to one third of personal property and the children (and descendants) are entitled to the remainder. Real property is a little more complicated with the surviving spouse being entitled to a life estate in one third of the property and the children (and descendants) received the remainder. It is essential that you get advice immediately especially since she is dissipating assets.
Answered on Jun 29th, 2012 at 10:36 AM