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

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. 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 given me confidential information by posting on this public forum, and my answer on this public forum does not constitute attorney-client advice. IRS Circular 230 Disclosure: In order to comply with requirements imposed by the Internal Revenue Service, we inform you that any U.S. tax advice contained in this communication (including any attachments) is not intended to be used, and cannot be used, for the purpose of (i) avoiding penalties under the Internal Revenue Code or (ii) promoting, marketing, or recommending to another party any transaction or matter addressed herein. While I am licensed to practice in New York and California, I do not actively practice in New York. Regardless, nothing said should be deemed an opinion of law of any state. All readers need to do their own research or pay an attorney for a legal opinion if one is necessary or desired.

  2. 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 considered to be the formation of a lawyer/client relationship. I am licensed in Connecticut and New York and my answers are based upon the law in those jurisdictions. My answer to any specific question would likely be different if I were to review a client's file and have the opportunity to interview the client. Accordingly, I strongly urge you to retain an attorney in your jurisdiction with respect to any legal matter.

  3. 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 relationship. When responding to questions posted on Avvo, I provide a general purpose response based on California law as I am licensed in California. In reviewing my response, you are specifically advised that your use of, or reliance upon any response I provide is not advisable. I do not have all relevant background details or facts related to your issue / matter, thus I am not in a position to give you legal advice. Further, your review, use of, or reliance upon my response does not establish an attorney-client relationship between us nor does it qualify as a legal consultation for any purpose. For specific advice regarding your particular circumstances, you should consult and retain local counsel. Law Offices of Eric J. Gold Telephone: 818-279-2737 Email: service@egoldlaw.con

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