Probate asset: How are they determine who gets how much?

San Jose, CA Viewed 56 times. Posted 5 months ago in Probate

Hi,

My father passed away without a will. The only assets that falls into probate assets is the house that he bought. He bought the house back in 1995 alone. He then remarried in 1999, though he didn't change the title. So, the house is still now under his name. During marriage with his second wife, he and her both pay for the mortgage. The balance of the mortgage is around $100K, but the value of it is around $500K. He has no other debts except the mortgage loan of $100K. The legal heirs his survived spouse and 2 children (me and my brother).

My question is how is this asset be distributed after all the debts are paid. How are they determine who gets how much. My step mother said that her attorney told her she will get 75% of the asset when we sell the house.

Thank you,
Cindy

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Answers (1)

Janet Lee Brewer

This attorney is licensed in California. Posted 5 months ago.

I don't know how your step-mother's attorney figures she will get 75% of the house, unless he's making a claim based on amounts she contributed to the mortgage (which might or might not be given any credence). Under the laws of "intestate succession", she would receive 1/3 and your father's children would share the other 2/3 - so the widow would receive 1/3, you would receive 1/3, and your brother would receive 1/3. I suggest you follow the probate closely to see exactly what this lawyer is proposing.

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