My father was killed in a boating accident in June of 06. My stepmother told his children there was no will and sorry everything goes to her and her children. Is this true since there was no will and if not is it too late to get what could be ours?

My father was killed in a boating accident in june of 06. My stepmother told his children there was no will and sorry everything goes to her and her children. Is this true since there was no will and if not is it too late to get what could be ours?


His Estate would have to be probated - and, no, her children have no legal standing. They are not entitled to inherit. Anything she inherits she can pass to them but they cannot inherit directly without a Will.

(If all this happened almost 2 years ago it is possible the estate has somehow been settled OR everything was in joint names - his and his wife - and there was nothing else to distribute.)

California is a community property state. Anything in joint names goes to her after his death,
BUT his separate property must go to probate as he did not have a will.

This site:

Intestate Succession (http://www.mbscott.com/intestat.htm)

Explains the law for CA. Generally, anything not considered community property should have been divided half to the spouse and half among surviving natural or adopted children. So your stepmother lied and you need to get a lawyer to see if its not too late to protect your interests.