Mother remairried a man,together refinanced his home twice, she has died with no will, do her children have a claim to her half

Asked over 1 year ago - Long Beach, CA

We are not his children, his has one son he has disowned 35 years ago and courts cannot locate him

Attorney answers (3)

  1. Charles Adam Shultz

    Contributor Level 19

    6

    Lawyers agree

    1

    Answered . How was title to the house held. If you Joint Tenancy or Community Property with right of survivorship, your mother's interest passed to her husband on her death.

    If the house was held as tenants in common, then 1/3 to the husband the other 2/3 to you. If the house were held as CP, then the husband would be entitled to your mothers half since she didnt leave a will or other testamentary interest disposing of her half.

    The general advice above does not constitute an attorney-client relationship: you haven't hired me or my firm or... more
  2. Joseph Michael Pankowski Jr

    Contributor Level 18

    6

    Lawyers agree

    1

    Answered . Attorney Shultz is correct. This answer will depend on the titling on the deed. Please have an experienced estate attorney in the state of your mother's residence review the deed and assist you with any other issues in connection with the estate. Good luck to you.

    This information is presented as a public service. It should not be construed to be formal legal advice nor... more
  3. Eric Jerome Gold

    Pro

    Contributor Level 19

    4

    Lawyers agree

    Answered . Attorney Schultz is correct. The form of title will control. You should consult with a local estate attorney for a fact specific analysis.

    ** LEGAL DISCLAIMER ** My response above is not legal advice and it does not establish an attoreny-client... more

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