Widow without a will

Bonnie Hinckley · Mar 4, 2008

What is the name of your state? California

Hello,

I just typed in a question and accidentally hit a button which made the page disappear, so I don't know if you recieved it or not, but just in case I am re-submitting my question.

My husband of 5 years passed away last July and did not leave a will, but rather a letter expressing his wishes for the distribution of his estate and had it witnessed and signed by our neighbor where we live in Northern California, and then had our neice sign it as well when we went to Southern California 10 months later. My attorney says the letter is completely inadmissable and now a judge has confirmed the same.

My husband has 3 living children over 50 years old, 2 of whom he has had no contact with for over 20 years, and the third child who is 65 years old has had very minimal contact with his father since I have been with him (now 25 years). When my husband had serious heart surgeries we received no calls, letters, or visits from any of his children.

Now that he is gone they have come out of the woodwork and wish to seize as much as they can of his estate from me and have hired attorneys to do so.

Under California law what are my options at this point? I have not worked outside the home for close to 40 years and my husband's assets will be all I will have to live on for the rest of my life. Each of my husband's children are very well to do in their own rights.

I am panicked about being left with little or nothing if they pursue this course of action against me.

Can you please help me understand what my rights are, if any?

Thank you so much.

Bonnie

anteater · Mar 4, 2008

I would not panic yet. Since you mention an attorney and a judge, I assume that you have retained an attorney and opened probate? If so, good start.

Under the intestate provisions of California, the surviving spouse is entitled to (from Commerce Clearing House):

If any part of a California decedent's estate is not effectively disposed of by will, the intestate share will be distributed in the following order and manner:

1. Surviving spouse/domestic partner. In California, a surviving spouse or domestic partner is generally first in line to get any assets from the intestate estate, including any community property, quasi-community property, and separate property that belonged to the decedent.

The surviving spouse or domestic partner is entitled to the one-half of the community or quasi-community property that belonged to the decedent. In addition, the surviving spouse or is entitled to the following amounts of separate property in the estate:

If there is no surviving issue (i.e., child), parent, sibling, or issue of a deceased sibling of decedent, the surviving spouse is entitled to the entire intestate estate.

If the decedent leaves a surviving child, children of that child if the child predeceases the decedent, parents, or siblings, the surviving spouse gets one-half of the intestate separate property.

If the decedent leaves more than one child or children of a predeceased child, the surviving spouse gets one-third of the separate property in the intestate estate.

2. Heirs other than surviving spouse. Any part of the intestate estate not passing to the surviving spouse or domestic partner as indicated above, or the entire intestate estate if there is no surviving spouse or domestic partner, passes as follows:

- Decedent's descendants (e.g., children and grandchildren), per stirpes.
- Decedent's surviving parent or parents equally....

Widow without a will

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Bonnie Hinckley

Junior Member

anteater

Senior Member

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