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RayAnswers, Attorney
Category: Estate Law
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Experience:  Texas lawyer for 30 years in Estate law
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My dad recently passed away, not sure if he had a will can't

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My dad recently passed away, not sure if he had a will can't find one, he has a vehicle a home and a business, where do I start?
Submitted: 6 months ago.
Category: Estate Law
Expert:  RayAnswers replied 6 months ago.
Hi and welcome to probate .If you cannot find a wil then you make application for probate intestate and it is court supervised.You file a DE-111 here or have lawyer file it to begin process and be appointed persona representative here in California. DE-111 http://www.courts.ca.gov/documents/de111.pdf step by step http://www.scscourt.org/self_help/probate/property/preparing_petition.shtml You tube https://www.youtube.com/watch?v=B1kWyKErMUE These are the first steps to make aplication for probate and file your DE-111.
Expert:  RayAnswers replied 6 months ago.
More about intestacy--means no will The Spouse’s Share in CaliforniaIn California, if you are married and you die without awill, what your spouse gets depends in part on how the two of you owned your property – as separate property or community property. Generally, community property is property acquired while you were married, and separate property is property you acquired before marriage. There are a couple of big exceptions:Gifts and inheritances given to one spouse are separate property, even if acquired during marriage.If you want to learn more about how community property works, read Separateand Community Property During Marriage: Who Owns What?Your spouse will inherit your half of the community property.If you have separate property (many spouses mix everything together and don’t have any separate property) your spouse will inherit all or a portion of it. The size of your spouse’s share of your separate property depends on whether or not you have living parents, children, or siblings. If you do, they and your spouse will share your separate property.http://www.nolo.com/legal-encyclopedia/intestate-succession-california.html I appreciate the chance to help you tongiht.

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