Thanks for trusting Just Answer. As an attorney I will answer as clearly as possible. I ask for you Accept my answer so I am paid when we are done.
California is a community property state. Any assets that are owned by both of your parents is considered 50% owned by each of them. Your father's 50% ownership will pass by intestate
succession law if he has no will. The following is California Intestate succession law:
6400. Any part of the estate
of a decedent not effectively disposed of by will passes to the decedent's heirs
as prescribed in this part. 6401. (a) As to community property, the intestate share of the surviving spouse is the one-half of the community property that belongs to the decedent under Section 100. (b) As to quasi-community property, the intestate share of the surviving spouse is the one-half of the quasi-community property that belongs to the decedent under Section 101. (c) As to separate property, the intestate share of the surviving spouse or surviving domestic partner, as defined in subdivision (b) of Section 37, is as follows: (1) The entire intestate estate if the decedent did not leave any surviving issue, parent, brother, sister, or issue of a deceased brother or sister. (2) One-half of the intestate estate in the following cases: (A) Where the decedent leaves only one child or the issue of one deceased child. (B) Where the decedent leaves no issue but leaves a parent or parents or their issue or the issue of either of them. (3) One-third of the intestate estate in the following cases: (A) Where the decedent leaves more than one child. (B) Where the decedent leaves one child and the issue of one or more deceased children. (C) Where the decedent leaves issue of two or more deceased children.
I am cannot provide you with specific legal advise. I can provide you with general information about the law related to your inquiry. I hope you find my response helpful, please click on the ACCEPT button. This is necessary for me to be paid for my work assisting you. Clicking Accept will not close your question. You can still ask, and I will respond, to follow-up questions if needed. Leaving a bonus and positive feedback is not required but they are appreciated!
When you review my initial response, please remember that I cannot guess what information you may already know unless you tell me. I am answering the question(s) posed by you based upon my reading of your post and sometimes I can misunderstand or misinterpret your question. If I did not answer the question you thought you were asking, please rephrase your specific question.
Sometimes the law does not support what you would like it to support. It is my job to give you an understanding of the state of the law, not just tell you what you want to hear. I ask that you respect that fact that you received an accurate account of the law by clicking Accept and giving me positive feedback.
There can also be a delay of an hour or more between my responses to your follow up questions because I may be helping other customers or have stepped away.
I appreciate repeat customers. You can request me by beginning your question with “Dear XXXXX…”
My answer, and any information that you can find online, should not take the place of having a detailed consultation with a lawyer in your area to advise you regarding your specific issues.