QUESTION
In CA, is a daughter an heir to a house if it was only in the name of the stepmom? Even if she did not work and pay it off but he did?
Asked on Jun 09th, 2014 on Estate Litigation - California
More details to this question:
My dad passed away in Downey, CA, in Sept of 2013. His home is titled in his wife of 40 year's name only. She had started paying on the house when they married but she no longer worked and he paid it off. She indicates that the house will go directly to her daughter and will not be split among his daughter (me) and her daughter. I would assume that she is right and that there is nothing that can be done...but it doesn't seem particularly kind or fair.
1 ANSWER
I am sorry for your loss.
What she states is definitely the general rule. Since she has a child the house would go to that child through the laws of intestate succession. Likewise, if your dad had outlived his wife we could have done a spousal property petition to get the house into his name and then at his death you would have gotten the home.
-John
Answered on Jun 10th, 2014 at 10:50 AM