QUESTION

Does intestate succession apply?

Asked on Apr 29th, 2017 on Estate Planning - California
More details to this question:
My dad passed away earlier this month and the deed to the house was just in his name. My stepmother currently lives in the home, but my dad bought the property when him and my mother were married, so it is separate assets. Are my two sisters and I entitled to any asset from the home?
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2 ANSWERS

You need to speak with a probate attorney. ?You need to verify in whose name the deed is. ?Also, even if it was his separate property [when they divorced, was he given sole possession of the house?] when he remarried, there are numerous ways in which he could have converted it into community property with your step mother. ?Find out if she is willing to give you any of the items you are interested in. ?The rules of intestacy apply when a person leaves no Will. You should look at some of the Nolo Press books on estates to get a better basic understanding of estate law.
Answered on Jul 26th, 2017 at 10:04 PM

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If dad bought the property while married it is community property. Mom would have rights in it but stepmom would not.
Answered on Jul 26th, 2017 at 5:43 PM

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