Inheritance law in case of remarriage: Your rights to the estate

Questioner

My mother died a year ago, she and my father were married in community of property. Now my father is getting married again (in community of property, without a will). What if my father dies after this... Will the entire inheritance go to his new wife? And if she also dies after this, will the entire inheritance go to her daughter? Do I have any rights?

Lawyer

Now that your father is remarrying in community of property, you (and possibly your brothers and sisters) can claim your share in your late mother's estate. The inheritance or estate belonging to your father will in due course become part of an estate in which your stepmother and her children will also inherit.

Lawyer

You probably have a claim on your father from your mother's inheritance. That claim will have to be paid at some point, namely upon your father's death. I assume that your mother did not have a will. If your father dies, you as a child also have a right to his estate. So it is not the case that your father's estate only goes to his new wife and then to her daughter. It is a good idea to settle your mother's estate now and establish your claim to that estate, as this will save you a lot of research later. I advise you to consult a specialized inheritance lawyer. It will cost you something now, but then you will know exactly where you stand.