no will

California-
scenario:
father passed away with some california bank accounts with beneficiaries and a number of others with no beneficiaries and real estate co owned with ex wife
ex wife of chinese nationality living in thailand - flew out to take it all
has 3 living children and 5 grandchildren
3 grandchildren and daughter in law live in co owned propertys back house for 21 years paid occasional property tax - all electric for their domicile and improvments on property were shared expenses

1) who gets the balance of bank accounts
2) what rights do grandchildren and daughterinlaw have to stay in the house.

Thanks so much

who gets the balance of bank accounts

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There are too many missing pieces here for anyone to attempt to offer an informative response.

For one California is a community property state, and yet you provided no information whatsoever from which one might learn the character of the assets as being community, separate or mixed. Moreover, the widow may have elective homestead rights, etc., etc., under California probate law.

As far as the status of father’s estate - in probate or no probate - all you provide is that “ that the widow flew out to take it all”. Which doesn’t tell us a blessed thing.

I realize that it is difficult for a layperson to know what information is pertinent in these matters, but if you want the right answers, then you will need to consult with a California licensed attorney familiar with these complicated probate laws.

what rights do grandchildren and daughterinlaw (sic) have to stay in the house

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Probably none. Because regardless of how many years the grandchildren and daughter-in-law dwelled in and paid taxes upon the residence, that fact alone could not be the basis of establishing a possessory right.

Not unless that occupancy could be shown to have been continuous, open, notorious and adverse to the possessory rights of the owners. In other words, they were continuous trespassers and not consensual tenants.

However, I suspect that due to the family relationship that occupancy was not adverse but with express consent.

You are just going to have poke into your tote sack and pay for the attorney’s services. I can assure you that you are not going to get these estate issues sorted out in any other way.

Thanks

I appreciate your response and the son of the deceased will be seeking a probate lawyer (assets are combo of mixed and seperate). Unfortunately the Daughter in law did not fair well but does not want to pursue legal actions.