Legal Question in Real Estate Law in California

Re: Right to 50% of property?

The answer is maybe, or even probably. The answer depends upon the source of the money he used to purchase the property. It may also depend upon whether they took title as joint tenants. If community funds were used, which is very likely, there was a commensurate community interest. In that case, and assuming the cousin got a 1/2 interest, you would in effect have been a 1/4 owner all along, and upon his death, would have succeeded to his effective 1/4 interest unless his will directed otherwise.

Was your husband's will probated? Did he have a will? Did he have a trust? If there was a trust or will, were these documents silent on the subject of this co-owned property?

The bottom line is that you almost crtainly have an ownership interest, and the record title should be corrected to reflect that....but the exact extent of your interest may depend upon the answers to the above questions. I suggest you ask a local family law or wills-and-trusts attorney to assist you in straightening this out including preparing and recording the necessary instrument to correct title shown on the public record.

Re: Right to 50% of property?

You can wind up on title, but the way to do it depends on what the current title says, and the value of your husband's interest. Have an attorney review a copy of the deed to let you know. If you can't locate a deed copy, the attorney should be able to find that for you as well.