Accepted Answer

Thanks

The issue here will be if your father had what is known as "separate property". That is property acquired outside of the marriage. For example, if his mom left him property, that would remain his separate property UNLESS he gifted that to his wife.

In CA, if a married person dies without a will, the community property will pass to the spouse. If there is separate property (like from his mom), that would pass as follows

The surviving spouse receives one-half of the separate property if the decedent had only one child, or issue of a deceased child.

The surviving spouse receives only one-third of the separate property if the decedent left more than one child.

The surviving spouse receives only one-third of the separate property if the decedent left one child and the issue of one or more deceased children.

The surviving spouse receives only one-third of the separate property if the decedent left the issue of two or more deceased children.


SO, if there are more than one child alive...or if there was more than one child, but one died and left kids (known as "issue") then wife gets 1/3 and the rest is split. IF there was only one child, wife gets 1/2 and child 1/2



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Expert:	psimmons
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Answered:	11/4/2009

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