Estranged Father Dies Intestate, Does 2nd Wife Inherit Bulk of Estate?

[sidnan]

What is the name of your state? We're in New Hampshire, father died in California

My father-in-law recently died intestate in California, where he lived with his second wife for the past 20 or so years. He was married to my mother-in-law for 20 years when he abandoned his wife and his five children. He never paid child support, despite my MIL's efforts to force him to pay. He was court-ordered to pay for my husband's college tuition, but didn't. (My husband and I are still paying the loans).

He recently passed away, and the second wife, with whom he had no children, has the bank accounts, real estate, vehicles, and any personal property/heirlooms, etc. We were told by his wife that a small IRA would be split amongst the children, but the bulk of his estate seems to be going to her, because she has physical possession.

Do biological children or other relatives (My FIL also has 2 brothers and a sister) have any inheritance rights in a situation such as this? If not, do my husband and his siblings have any recourse against the estate as he was court-ordered to pay child support/college tuition and never did? What steps, if any, should my family take?

Thanks!

 

[nextwife]

HOW assets are titled is an important factor in WHAT assets comprise the "estate".

Jt. Tenant real estate, and bank accounts held a certain way automatically pass to the surviving co-owner at death, thus are NOT part of the estate. Same with IRAs and 401ks, they pass to the beneficiary OUTSIDE probate.

And, in a 20 year marriage, it's very possible that many of the current assets were acquired TOGETHER by the two of them and titled so as to not pass into the estate. Long gone are the days where one can presume that the male spouse alone is the one responsible for what a couple owns together.

Any assets he held in his name would be subject to distribution in accordance with either the will, if any, or the state's Intestate Probate statutes. If wife fails to file probate, see about filing an estate based upon intestate succession.

 

[Dandy Don]

If there is an official history of unpaid past-due child support, the children or their mother may want to consider consulting with a probate attorney to find out how to file a claim against the estate for that money.

DANDY DON IN OKLAHOMA ([email protected])

 

[divgradcurl]

I agree with the others. Another thing to consider is that in California, aster 20 years of marriage, all of the property is likely going to be presumed to be community property. So, once everything that passes outside of probate is taken care of (joint tenancies, insurance, etc.), what remains is community property, and the surviving spouse will likely take 3/4 of the community property (her half plus half of his half). The remaining 1/4 -- if anything -- would be divided up amongst the remaining heirs.

Dandy Don brings up a good point. Consult an attorney to determine whether or not you can levy a judgment against the estate (and how much of an estate there is).