QUESTION
Who is entitled to the estate and property?
Asked on Sep 26th, 2015 on Estate Planning - California
More details to this question:
About two years ago, my friend's father passed away and then one year later, his stepmother passed away. My friend is his deceased father's and stepmother's only living child. Now the stepmother's niece is staking claim to the property. There was no will in place by the parents and I believe that the estate should go to the living child and not the niece. The parent are married and the property was purchased by the both of them. Am I right or wrong?
4 ANSWERS
Civil Litigation Attorney serving Ventura, CA
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It may turn on how they held title to the property. If as joint tenants, then it all went to the wife the instant her husband died and, following her death, it goes under the laws of intestacy to her heirs and, only if she has no heirs would it include your friend. If it was held as community property, probably the same result, but if they held it as tenants in common, then your friend, under California law, may be entitled to share in it.
Answered on Oct 08th, 2015 at 4:46 PM
Each state has its own laws as to who receives what, but in California, and probably most other states, the only child of a parent would get everything. The problem is that if the stepmother did not adopt your friend, they are not a blood relative. Since the house is community property, when the father died it went entirely to the stepmother, and when she died it would go to her relatives. Your friend needs to go to an estate and trust attorney to find out what their rights are in their state.
Answered on Oct 01st, 2015 at 7:10 PM
The estate needs to be probated. A judge decides.
Answered on Oct 01st, 2015 at 6:21 PM
Edwin K. Niles
If they had property in joint tenancy, that property passed to the wife upon husband?s death. We need more facts.
Answered on Oct 01st, 2015 at 6:20 PM