Legal Question in Real Estate Law in California

My boyfriend (of 5 years, lived together for 4) and I bought a house together and hold title as "Joint Tenancy". Last year, unfortunately, he passed away. Since then, I have been struggling with the mortgage payments on a single income. I would love to keep our house and I'm working on it. His parents are in the process of settling his finances--cashing out 401K, life insurance, etc. Do I have any legal claim to any of that money to help pay his portion of the loan?? BTW, I am about 99%sure that I am not named as beneficiary on any of his life insurance paperwork.


Asked on 6/21/12, 4:26 pm

2 Answers from Attorneys
Anthony Roach Law Office of Anthony A. Roach

You wouldn't have any right to that money unless he provided for you in a will or a trust.

Read more
Answered on 6/21/12, 6:43 pm
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Mr. Roach is correct. Ordinarily, owning the property as joint tenants would provide you with a big advantage, because you'd succeed to 100% ownership without worrying about wills, trusts or probate. In a down market such as the last four years or so, the results are very differemt, as the property is probably worth less than when the two of you bought it. Sorry to hear about it, and good luck coping with the payments.

Read more
Answered on 6/21/12, 9:07 pm


Related Questions & Answers

More Real Estate and Real Property questions and answers in California