My father passed away, does my stepmother keep everything or are his children given something as well.?

They got married 3 years ago in Mexico, my father was a U.S. citizen. Then he brought her to the U.S illegally. She doesn't have a diverse license, social security card, or any legal documents for that matter. He left two children, my 18 year old sister who is a full time UCSC student and myself a 22 year old part time student.

My father left a profitable business and no other assets. So what is my stepmother, my sister and I entitled to?

The business was not registered and all of this happened in California.

On a side note, my paternal family has not liked my stepmother since they got marri ed and now they cannot bear to be in the same room as her. And my maternal family also does not like her because my father started living with this woman almost immediately after divorcingmy mother. I to was mad but accepted eventually but now I do not want to associate with her.

Update:

I really don't care for the money I really miss him, he was my best friend and I loved that man. It just makes me enraged to think that his 20 year old business that my sister and my mom had to suffer though to build it from nothing, is now going to be handed to this young woman who has known my dad for only 3 years. And that she is kind of reluctant to help my sister through college.

Update 2:

There is no will they were legally married but in Mexico. And she is not legal in the U.S.

10 Answers

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  • 1 decade ago
    Best answer

    As long as she has documents showing they are married then yes she has full rights to all his assests. but since there is no will, all blood relative would have to go to court to recieve any of his possessions. It doesnt matter if she was a citizen or not. They were married legally. The U.S. honorsall legal marriages reguardless of what country it was in.

    They could have gotten married in Argentina and she would still get his assets..it doesnt matter what country they were married in. as long as they were married legally and have the papers to prove it

  • 1 decade ago

    I agree with dovidotse, if they were legally married in another country then yes it can mean that the marriage was legal here too. In most cases if there is no will everything goes to the spouse. I do not understand were some people are getting the 50/50 bit. Spouses are always entitled to the assets even if the kids are not theirs. you need a laywer asap...before she takes everything and moves back to mexico... then you will be screwed for sure.

  • AmberP
    Lv 7
    1 decade ago

    If they did not get married in the states then they are not "legally married"

    Legally the step mom has no rights to anything..that's right anything.. she is not even allowed to be in this country.. i'm not shure what the laws are in your state if there is no will but this is how it goes in my state..PA.

    Since he is divorced i believe the business will be split equally between the children. Contact a lawyer because trust me, your going to need one, especially if this woman is acting like this already...

    But..be ready to either run the business, or else sell it, liquidate the assets of it, and split the value between yourself and your sister.

    Source(s): If they are "legally married" in the states, then half of it goes to her, and the rest is split between you and your sister... but honestly if they were only married in mexico and there is no documents stateing they are married through our government, then legally they are not married here, in the united states..once again get a lawyer.
  • 1 decade ago

    Is there a will? Are they legally married? If so sadly everything goes to the new wife. There is a chance a court will split it 3 ways if you get a lawyer.

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  • Anonymous
    1 decade ago

    Since she has no SS card or anything like that you should the business If he left it to you, but then again it also depends on his will and testiment, my mom just went through this in a sense where my grandfather remarried, and he changed his will and his new wife got everything and my mom nothing.

  • 1 decade ago

    I just got through the same thing, my mom died in April ,

    first thing you need to do is find out who the executor of the will is , find the will and any life insurance policy's he had , if he had no will or executor guess what , it go's to her, sucks but its the truth . you could maybe find out if your dad's family loaned him money to start his business or were silent partners, know what I mean? I hope you do.

  • 1 decade ago

    I think it goes 50/50 to her and then the other 50 is for you and your sister to share. call a lawyer though asap

  • 1 decade ago

    Oh man, you may not care about the money NOW, but you will! Get an attorney on this matter AS SOON AS POSSIBLE.

  • 1 decade ago

    You guys need a lawyer ASAP.

  • Anonymous
    1 decade ago

    Well, lawyers help, but try talking to her and explain?

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