If you are in Washington State, the answer is "Yes" if they file a non-parental custody action and they are successful at it (although the burden is agaisnt them), or if the State and DSHS becomes involved through a dependency action.
Start a guardianship action for the minor, with parental consent, or start a nonparental custody action, or even an adoption if you want it to be permanent.
If there was no will at all, a probate action can be started as an intestate action. However, since you are in California, if it possible that there was a Community Property Agreement giving everything to the wife anyway. You might inquire about this. Otherwise, the wife will inherit the bulk of the estate and any children (you) are likely to inherit a smaller piece. Your son doesn't inherit without a will becasue he is essentially inheriting through you. It is assumed that you can give...
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