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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 |
Attorney answers 3

Posted

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.

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Asker

Posted

it is tenants in common, I just checked, thank you for that..Your comment says 1/3 to him and 2/3 to children, not 1/2 and 1/2?

Charles Adam Shultz

Charles Adam Shultz

Posted

Correct. Separate property goes 1/3 to the surviving spouse and in the event of two or more kids, the balance (2/3) split between or among the surviving children. Its one half one half if only one child of the decedent. NOTE - this is assuming separate property. The surviving husband, may and probably will claim some community property interest in your mom's share from payment of the mortgage during marriage, possibly from community funds. This could get complicated.

Posted

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.

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Posted

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

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