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    hairpuppy's Avatar
    hairpuppy Posts: 4, Reputation: 1
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    #1

    May 7, 2011, 05:29 PM
    In California, my father died without a will. His house?
    He had a huge house with his 2nd wife and he died without a will. Do his children have a claim to any of the house when it's sold?His wife gave each of his children 3 thousand bucks and said it was her doing, that he didn't set anything up. Do we have a claim to his house? He has one child that he raised with new wife that claims he gets all money from house when it's sold.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #2

    May 7, 2011, 05:43 PM

    Was the house acquired during the marriage to the 2nd wife? If so, then it was community property and she gets it. If it was not then its separate property and she gets 1/3 and his children get the other half. This is a simplification as there are many other factors. So the best bet is for his children to consult an attorney.

    Dying Without a Will

    Has the estate been submitted for probate?
    hairpuppy's Avatar
    hairpuppy Posts: 4, Reputation: 1
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    #3

    May 7, 2011, 06:23 PM
    Comment on ScottGem's post
    Thank you what is an online site for California, to get information on the property and for records of marriage and such to go online to view dates of marriage vs when house was purchased? Is that possible to do free online?
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #4

    May 7, 2011, 06:33 PM

    There may be a site for the county that lists sales info for homes. But I doubt if marriage records are online. Are you saying you don't know when your father married or bought his house? Maybe not the exact date but you should be able to come close.

    P.S. when posting a follow-up question or info, please use the Answer options at the bottom of the page rather than the Comments.
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