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What are my rights with regard to my husband's inheritance, as he left no will.
Anonymous7 views3 answers
My husband inherited 22% of his Mother's estate. The Trustee, his sister, says she will continue to make all future checks and stock certificates in my husband's name, and has decided it to be separate property. My step-daughter not only wants her share of that, but also half of our other assets. I can't even make a living trust until this is corrected.
Michael Robert WeinsteinProbate AttorneySanta Ana, CA ·
Anything your husbank receives by inheritance is considered to be his separate property. Since he died without a will his estate will be divided according to the rules of intestacy in the Probate Code. You will need to discuss the matter with an attorney so that he can advise you based on all the facts. However, if there are no other factors affecting his estate, and your husband left onlyone child, then his separate property will be split evenly between you and your stepdaughter. I suggest you meet with an attorney to discuss the matter so that you can obtain an accurate opinion of your rights in this matter.
Michael Raymond DaymudeLitigation LawyerSherman Oaks, CA ·
It appears from what you have written that there is nothing to "correct."
You may have to open probate to clear title to the property left to your husband by his mother and your husband's other property.
You should promptly consult a local probate attorney to determine what action you should take at this time to protect your interests in any community property and to receive your share of your husband’s separate property.
My condolences on your loss and my sympathies for the difficult position that you are in. Was your husband a resident of California at the time of his passing? Has a probate been opened for his estate? In California, inheritances are presumed to be the separate property of the person who receives the inheritance, whether or not they are married. The intestacy statutes and their application differ according to the number of children of the Decedent and the type of property (community or separate). For separate property, the property is divided between the surviving spouse and the children (percentages differ depending on the number of children). I encourage you to speak with a qualified probate attorney in the state that your husband lived in prior to his passing. By your question, I can see that you have first hand experience of the importance of estate planning documents. Hang in there.
The information above is not intended as legal advice and is provided as general information only.
