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    ronav's Avatar
    ronav Posts: 1, Reputation: 1
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    #1

    Dec 14, 2006, 09:27 AM
    California Family Inheritance Law
    Hi,
    My father passed away three years ago with no will or living trust. He didn't have any stocks or monies left except for a house that he and my mom owned. A year after he died, she transferred the ownership of the house only to her name without telling my sister and me. She is now living with her boyfriend in the same house. Now, my question is, do I have any rights or share with the ownership of this house? With her changing the ownership only to her name, was it legal for her to do that? Thank you and hoping to get an answer to these questions.

    Ron
    Los Angeles, CA
    mr.yet's Avatar
    mr.yet Posts: 1,725, Reputation: 176
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    #2

    Dec 14, 2006, 09:32 AM
    Contact a probate attorney in Ca. This should have been divided among the children.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
    Computer Expert and Renaissance Man
    		  
    #3

    Dec 14, 2006, 09:35 AM
    It depends on how the home was deeded initially. If they owned it as joint tenants with right of survivorship then it went to her outside the estate and you have no interest in it.

    I would also double check CA law on inheritance. I believe without a will the wife inherits all.

    According to this site:

    http://www.will-trust-probate.com/probate-no-will.htm

    The spouse would get the house anyway.
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #4

    Dec 14, 2006, 11:26 AM
    Yes, if your dad and his wife were living in a home it was deeded to both of them where she gets the house at his death or he at hers ( and this is the most common method) so basically the wife gets the home.

    And yes it is her home not the kids home. So why does she need to tell you anything about what she is doing with her house anyway?

    With her and her dead husband name on the deed, she really did not even have to change the deed, but it can be done to take the deceased party off the deed. My dad who passed a year now is still listed on the deed with mom ( who got the home when he passed with no will)

    And I am glad to see she is moving on with her life and has a boyfriend, you should be happy for her also. A person when their husband and wife dies is not supposed to wear a black shaw for the rest of their life, they greive and move on in life. I do hope you are happy for her and support her in this.

    But no, assuming the deed was done as normal for a married couple, 95 percent of the time, she gets the house without probate, without will automacticly.

    And it is her house to do with as she wants.
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