Legal Question in Family Law in California
My father passed in 2004 and did not have a will that we know of... and his wife, my step mom just passed 4 days ago suddenly. She was living in my grandparents house and was paying the mortgage and all. What if my dad had a will? And how do we know if she has a will? And what are our rights as his children? There are family heirlooms and things we want from the house. What happens to the sale of the house?
1 Answer from Attorneys
I suggest by starting out by finding out how title to the property was held. It may have even been placed in a trust. Most judges would rule for title at least in your stepmother's favor, if you never initiated a probate after your father's death, and she occupied the property and paid property taxes, applying the doctrine of adverse possession.
Other issues that would be helpful to know was when the property was acquired, and when they were married, to determine whether it was community property or not. I suggest gathering more facts and speaking to a competent probate attorney who has experience with probate litigation.
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