Father died without a will - Former Wife Making all Decisions

[mdmckenn]

What is the name of your state? California My father passed away in March 06 without a will. He lived with his former wife for at least 20 years. They were married briefly, divorced and two years later moved in together and have been together ever since. My brother and I are his only legal heirs. Marcia, his former wife, informed me that my father had no will but to me they had a common law marriage. She has not filed any probate paperwork with the state of California. She does have a will. She has made all the funeral arrangements, told his creditors that he was a "tenant" only and did not own anything. Turned his vehicle back into the dealership, etc. and basically acted as his "wife" but when anything comes to his debts has acted as landlord/tenant relationship. She kept the same last name and did not change it upon divorce. Basically she is acting in a fraudulent manner and has not shared with us anything concerning finances or will turn over any personal items to us. His name is not on the two homes they shared worth a total value of $1 million. My father did not ever pay his child support so he has an outstanding debt to his children of over $100k. His former wife, Marcia, has stated that upon her death she will be leaving everything to her half brother. What is our legal recourse? Should we filed something with the California probate courts? We don't feel good about what is happening. My father promised he would take care of us, his children upon his death. Thanks for your assistance.

 

[nextwife]

Common Law Marriage is not recognized in the state of California. Thus she cannot be his common law wife, if that is where they have always been residing.

File Intestate probate and ask for you or a sib to be appointed executor of the estate.

Why have you been sitting on your hands these many months???