step-childrens' rights to deceased dad and stepmother's estate when there's no will

[mtuason]

My jurisdiction is: CA, USA

I am writing you from Dallas, TX .
My Dad and step-mother died in a car accident about a month ago
in San Francisco, CA.
They do not have kids but my Dad has me and my brother.
Both my dad and step-mom did not have a will.
They both have life insurances but they put each other as their
beneficiaries.
I just need to know what rights we have as their children.
My Stepmother's family is trying to make me sign a waiver
so I cannot have any rights to whatever she had.
Is this normal ? Should everyrthing be equally divided between
our family and my step-mother's family ?

 

[Theresagail]

I would think you and your brother would be entitled to your dads stuff but not your step moms- this should go to her family. This might end up going to probate, and a judge will have to decide

 

[dee_dub]

They each died intestate, so the property of each will be divided according to the laws of intestacy. Generally, that means the other spouse gets a portion, and the kids (but not step-kids) get the rest.

How this actually cashes out could get complicated. If one survived the other for a period of time, the survivor may have become entitled to their portion. If they died at the same time, or it is not clear who died first, the younger may be deemed to have died last, and so might become entitled to their portion. The life insurance may likewise go to one or to the other, it might not be split between both. Check the terms of the policy.

Conceivably, if your dad survived longer than his wife, he might have inherited a portion of her estate under your state law of intestacy. He also might have become the beneficiary of her insurance policy. Upon his death, these assets would form part of his estate and would pass to you, his children.

RE the waiver - seems a little premature. Why waive something you might not even be entitled to? (And why would they insist on it?) At the VERY least, get a reciprocal waiver. I would recommend rather doing it by agreement amongst all the potential intestate beneficiaries. Everybody get together, say "here's what they had, here's how we're going to allocate it, regardless of any specific legal right or claim any person or group may have", and everybody sign.