Probate regarding distribution of real estate

[lawyerted]

California.

My question is my Father has owned a 20 acre piece of land for over 40 years with his name only on the property. He past away almost 2 years to the date and his will is still in probate. He left most things to his current wife and specified that the 20 acres of land be divided equaly between his three kids and his wife. Now, the problem is that his wife wants the three kids to buy her share of the property. Is she entitled to a share of the property if it was bought and owned soely by my father before he ever got married even though it's in the will to be split 4-ways? Can this be fought in court and is it worth it? I believe the three kids should rightfully inherit the land but only the courts and and a good lawyer would know!

 

[BelizeBreeze]

California.

My question is my Father has owned a 20 acre piece of land for over 40 years with his name only on the property. He past away almost 2 years to the date and his will is still in probate. He left most things to his current wife and specified that the 20 acres of land be divided equaly between his three kids and his wife. Now, the problem is that his wife wants the three kids to buy her share of the property. Is she entitled to a share of the property if it was bought and owned soely by my father before he ever got married even though it's in the will to be split 4-ways? Can this be fought in court and is it worth it? I believe the three kids should rightfully inherit the land but only the courts and and a good lawyer would know!

It depends on how the land was used during the marriage. Unless they built a home on the land, used it as vacation property or in any other way used it in the enjoyment and in concert with the marriage, then no, she is NOT entitled since it is separate property.