Legal Question in Real Estate Law in California

Re: Do I count the total value of the property?

First, I suggest re-asking this question under a LawGuru subject heading such as "Wills, Trusts and Estates" rather than Real Property; the lawyers who field those questions would know more about your topic.

I would think that at most 1/2 of the house's value would count toward the restriction in the insurance policy. The reason is that the other 1/2 always belonged to your mother, as joint tenant.

There is a small possibility that none of the value of the house should count toward the $100,000. That would be if the limitation in the policy is based on the size of the estate; one could take the position that since the decedent's interest in the house was extinguished upon her death, and there was nothing for her to bequeath, that the house should count as zero.......but this depends upon how the policy is worded. You might try asking an agent for the issuing company.

Unless you get a favorable ruling from the insurer, it would be worth making an appointment with a local lawyer who specializes in probate administration to get an expert opinion.

Re: Do I count the total value of the property?

It will depend on how they held title to the property. If joint tenancy, it is not part of the estate. If tenants in common, 1/2 would be part of the estate.