My situation has many moving parts:
A Husband passed away without a will. He leaves behind a wife (who owes restitution to her 3 daughters), his 2 blood-daughters, and a step daughter. The only thing he has to his name is a house. The one daughter would like to purchase the house but they are unsure on how to transfer the property to the decedent (or if she can own any property under her name with her restitution). Can the mother be the owner and sell the property to one of the daughters or do the other sisters have a say in the matter? Can the mother have right to the property with her restitution or is the property automatically the daughters’? What happens if the daughter’s choose to remove restitution from their mom or is this even possible? Who inherits the home and how do you go about becoming the owner of the property in this situation?
The house belongs to the wife at this point unless title was in tenants in common. If the wife sells the house, the daughters can go after the money from the sale.
It all starts with a clear understanding as to what constitutes your understand as to what restitution is owed to the children and for what.
If the house was only in the name of the husband, then what happens to it depends on whether it is community property or separate property. If community property, then it goes to the wife. If separate property, then it goes 1/3 to the wife and 2/3 to his children. You need a probate case to transfer the inheritance. The daughter can buy the house in the probate case. If any heir owes restitution, then that may be ordered to be paid. Call or email an attorney to help you with this.
Our Rating is calculated using information the lawyer has included on their profile in addition to the information we collect from state bar associations and other organizations that license legal professionals. Attorneys who claim their profiles and provide Avvo with more information tend to have a higher rating than those who do not.What determines Avvo Rating?Experience & background
Years licensed, work experience, educationLegal community recognition
Peer endorsements, associations, awardsLegal thought leadership
Publications, speaking engagementsDiscipline