QUESTION
My mother in law (my husband Mother) die in 4/19 she was married to her husband (stepfather) now his dying process from THEIR home to his family alone
Asked on Dec 05th, 2019 on Wills and Probate - California
More details to this question:
my mother in law died in April of this years, after over 48 years of marriage she owned (Joint Tenants) home with her husband (stepfather) to my husband, My father in law is dying now, their home must be sold to help with the medical bills. do all the proceeds go to his side of the family? I don't know if there's will, he has Parkinson's and his friend who is a attorney says he has Power of Attorney. Being a step-child no matter how very close my husband and him are..it just doesn't seem right that all his Mother interest are just wipe away by a niece who just been around for the last maybe 6 years and we have been in his life for 30 years. Please advise. Thank you in advance!
1 ANSWER
2 Awards
As you appear to recognize, California a a community property state. If the deed to the home does not read something like, "joint with right of survivorship" and there is no (known) Will, you may be able to preserve your mother's 50% interest in the home for her heirs by filing an Application to Determine Heirship. Contact a local probate attorney.
Answered on Dec 06th, 2019 at 5:13 AM
This is general information. It cannot substitute for a personal consultation with an attorney. It is not intended to be legal advice or imply an attorney-client relationship.