Does intestate succession apply? 4 Answers as of July 26, 2017

My dad passed away earlier this month and the deed to the house was just in his name. My stepmother currently lives in the home, but my dad bought the property when him and my mother were married, so it is separate assets. Are my two sisters and I entitled to any asset from the home?

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Law Offices of George H. Shers | George H. Shers
You need to speak with a probate attorney. ?You need to verify in whose name the deed is. ?Also, even if it was his separate property [when they divorced, was he given sole possession of the house?] when he remarried, there are numerous ways in which he could have converted it into community property with your step mother. ?Find out if she is willing to give you any of the items you are interested in. ?The rules of intestacy apply when a person leaves no Will. You should look at some of the Nolo Press books on estates to get a better basic understanding of estate law.
Answer Applies to: California
Replied: 7/26/2017
Danville Law Group | Scott Jordan
Yours is a difficult question to answer without more information. Generally, you and your sisters may be entitled to the house and all of your father's personal belongings. Your stepmother may be entitled to reimbursement for something that is called contribution. Nevertheless, someone will need to begin probate with the local superior court. I suggest you contact a local probate attorney for a more thorough consultation.
Answer Applies to: California
Replied: 7/26/2017
Law Office of Patricia A. Simmons
Law Office of Patricia A. Simmons | Patrica A Simmons
You should speak with an experienced probate attorney regarding this matter. Bring a copy of the deed and any will or trust your father may have executed. If there isn't a will or a trust and the property is your father's sole and separate property, California intestate succession states that wife receive 1/3 and the children would share the other 2/3 interest in the real property or any other sole and separate property of your father.
Answer Applies to: California
Replied: 7/26/2017
Patrick W. Currin, Attorney at Law | Patrick Currin
If dad bought the property while married it is community property. Mom would have rights in it but stepmom would not.
Answer Applies to: California
Replied: 7/26/2017
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