how to divide this up

[12sal49]

mom passed away 3 yrs ago. no will.,step dad lived in their house for 3 years and he just passed no will.his kids took control of the property of theirs.including the 2 cars.the mobil home and almost everything else.
their son took control of everything. took her car. ther hous is being lived in by his daughter. we were not asked about anything except for a few pics.and a few of moms plates.they took all of ther furniture including new washer and dryer.grandfather clockl3 bug screens 4 new beds etc..no will in calif. what should i do.they act like we dont get anything.in fact the son told us dont go over there anymore.what are my rights?

 

[Litigator22]

You shouldn't be asking here. You need to consult with your attorney who can provide the answers only upon gleaning a good deal of more information than is provided in your post. In particular a determination of the ownership of the mentioned assets at the time of the respective deaths of mom and stepfather.

No one here knows how, when and by whom the assets were accumulated; nor what is meant by your the expression "their house"; nor of what consequences, if any are California's community property laws.

Unless stepfather some how succeeded to or is entitled to succeed to ALL of mom's interest in the property THEN you and any of mom's children may have inheritable rights.

But let me emphasis again that any such rights of inheritance will need to be vetted and identified by and only brought to fulfillment by your attorney! In simpler words it ain't a DIY deal! It can't be solved on your laptop. California's probate and marital laws are complicated, plus they are numerous - like in voluminous!.

Good luck

 

[12sal49]

i appreciate your advice. i have never had to get an attorney.i assume they are expensive.

 

[Litigator22]

i appreciate your advice. i have never had to get an attorney.i assume they are expensive.

That is very true, lawyers don't come cheap. But please don't despair. You should be able to find one familiar with these issues willing to grant you an initial consultation without charge. After which you will have some feeling of whether or not legal representation will be to your financial advantage. So start making some calls. Just don't sit on it letting the grass grow any taller. It's harboring snakes.

 

[adjusterjack]

mom passed away 3 yrs ago. no will.,step dad lived in their house for 3 years and he just passed no will.

Did Mom and stepdad own their property (house, cars, bank accounts, etc) jointly with right of survivorship?

If yes, then stepdad got it all when your Mom died.

Under intestacy, his kids get it all now that he's dead.

 

[12sal49]

they get it just because she died first..?

 

[doucar]

Yes. If it all passed to him on her death (and it is not clear that it did) Then it became his property and would pass to his heirs.

 

[Litigator22]

they get it just because she died first..?

NO! They do not necessarily "get it" just because your mom died first.

Once again it depends on what was owned and how it was owned at the dates of their respective deaths. If stepfather owned it all then of course his heirs get it all. But we don't know that. And the only way you are going to know is to get to together with an attorney that has the know-how to sort out what was owned and how it was owned. Neither you nor anybody here has the ability of doing that. Comprehend?