QUESTION
What are my rights if my mother passed away 2 years ago and was survived by myself and stepfather whom she married when I was 21?
Asked on Aug 29th, 2017 on Estate Planning - California
More details to this question:
It was a sudden death, so there is no will. He told us he was going to sell the house that was bought with my mother's inheritance from her mother. We bought the house to be nice, and so it could go to her only granddaughter as she requested of me. Also, she gave us her airstream and my stepfather told us he would be throwing in with the house, 2 days ago he said he wanted it so he could sell it. To me, it is sentimental and she had asked me when she was getting really ill from cancer if I wanted it. This got me thinking about my rights and since the death happened so fast, I was grieving and not thinking about my rights as her only daughter of 42 years. It may be too late now, but now that my grief has gone away, and with this new shock about taking back the airstream, I have many questions and nowhere to go with them.
2 ANSWERS
Edwin K. Niles
Is there a probate pending in court? There should be, and you should have received notice. It sounds as if the property is Mom's separate property, but they may have put title in their names as joint tenants. Please see a lawyer experienced in estate work ASAP.
Answered on Nov 04th, 2017 at 8:31 AM
You need to spend some money by going to a local estate attorney and give him more details. If your mother died in California, you certainly would be entitled to part of her estate. You do not mention whether probate has occurred. Waiting 2 years might cause some problems, but without more information I do not know. How long he was married to your mother is irrelevant as is what she said orally to you. Her private property ownership of the house might have been changed to a joint ownership depending on how expense were handled. There are just too many questions to which you do not supply enough information, so you need to see an attorney.
Answered on Nov 02nd, 2017 at 12:17 PM