QUESTION
If my mother and I own a property with two homes on it and she passed away but she’s married but he’s not on the deed can he or my siblings have the r
Asked on Nov 29th, 2017 on Wills and Probate - California
More details to this question:
My mother and I bought property 16 years ago. My father wanted nothing to do with the property. My mother recently passed away from cancer and did not leave a will. We both assumed that the property would automatically belong to me. Know I have my brother and sister are trying to claim a share of the property. Do they have any right to it? How about my dad?
1 ANSWER
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The answer to your questions depends on how title is held to the property. If you and your mom held title as joint tenants, then you would receive the property. If you were both on title as tenants in common, then a probate proceeding would be required for her half of the property.
If only your mom was on title, then it would depend on how you can show your interest in the property and whether your mom's interest was community property or separate property. If community property, then your dad would get her interest. If separate property, then you dad would get 1/3 and your mom's children would get 2/3.
Sound complicated? It is. Please contact an attorney for a full consultation.
Answered on Dec 03rd, 2017 at 9:34 AM