Happy Mother’s Day from Sentinel Realty Partners! On this day dedicated to mothers, we thought we’d make sure you’re up to speed on some California probate rules that can make a big difference if something should happen to your spouse. These rules also are reversed, but today, we focus on the rules as they pertain to you if you should become a surviving wife.
As a surviving wife, you’re entitled to at least one-half of the community property should your spouse pass away. Your spouse can specify in his will that all community and quasi-community property should go to you. (Prob. Code, §§ 6101 and 6401.) Most people are familiar with this rule.
If your husband dies leaving no will, his separate property gets distributed under law between you and his children. This is one example where a will and estate plan is important. Many people don’t realize this. Half would go to you and half divided equally among his children. Plus, if he dies, but none of his children are still alive, half of his separate property would go to you, but the other half would go to your husband’s lineal descendants, parents, siblings and/or nieces or nephews. (Prob. Code, § 6401.)
Lastly, if your husband dies and you have been dependent on his money, there is a safety net set up by California Probate Code for you. You can get support payments while your husband’s estate is getting settled. The court can grant you and your children an allowance while the estate is being settled at its discretion. (Prob. Code, §§ 6540-6545.) Of course, you’ll also want to contact your local Social Security office. You and your children may qualify for survivor’s benefits.
Do You Need A California Realtor Specializing In Probate?
We are experts in the probate sale under the probate code and trust law. So, we know the California Probate Code. We won’t let you get lost in it. If you need a realtor in California specializing in probate, please contact us today! We are upfront and honest about the costs of probate. Everyone wants to know about probate fees, but no one wants to talk about them. We will though. Sentinel Realty Partners wants our clients to be fully prepared and fully informed about buying or selling California probate real estate.
We have a list of the absolute best probate lawyers in California available for our customers. Plus, we also have relationships with the most vetted contractors, plumbers and electricians in California. See? We will guide you through every step of the process of selling (or even purchasing) a home involved in probate.
If you are buying a home in California, please have a look at our probate property search. If you need a Los Angeles, Orange County, Riverside, or San Bernardino professional to help you through the probate real estate maze, call us! These waters a murky, and you’ll want a knowledgeable, dependable, responsive team behind you. Check out Sentinel Realty Partners’ client reviews.