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What are my rights under California law as a surviving spouse?

My wife died recently and she left a house in California currently with mortgage. She acquired the property prior to our marriage. She has a child here in the US and some children living in her home country. She left no will. The property has a mortgage bigger than its present value. In her work death benefits and profit sharing, she specified me as her beneficiary. Her life insurance specifies that the proceeds should go directly to her children. In view of the foregoing, my questions are as follows: 1. Do I have the right as a surviving spouse, to fight the lender on any foreclosure proceedings that they will initiate. 2. What is my status with regard to the house, death benefits and profit sharing. I am in quandry and I don't know what to do. Thank You.

Public Comments

1. Really sticky problem. You need an attorney. Doubt you can fight the mortgage company (and I have to wonder if the house has your name on any of the paperwork). Sounds like you have been separated by the way you are explaining things. The insurance from her employment is strange since most require the husband/wife to sign-off if the benefits are to go to someone else. You will get no correct answers here, so hire an attorney quickly.
2. You need to consult a probate attorney ASAP, this is just general information which might not be applicable. Assuming she was a CA resident at the time of her death, on the surface, it appears that the house was her separate property. That would pass by intestate succession, under which a surviving spouse gets 1/3 of the value if there are 2 or more surviving children, so you have legal rights in the property which you can defend. The death benefits, profit sharing, and life insurance will be distributed according to her expressed wishes.