Legal Question in Real Estate Law in California

Father passed w/o will-family home goes to?

My parents bought home 30+ yrs ago(deed in both their names). After 5 yrs. Mom left Dad for another man.Dad stayed in the home & raised us(2 girls). The divorce decree had deferred sale of home order where upon youngest(me) turning 18 home was to be sold or 1 would buy out the others interest. Mom remarried soon after divorce-Dad did eventually.My 18th Bday passed & nothing was done re: sale of home. Dad made all mortgage pymts. did not ask mom for support. He lived happily in the home with his 2nd wife(surviving spouse) for last 24 yrs. and died unexpectedly, with out a will. He never added stepmom to deed or life ins.No probate will occur as he had small estate. Now Mom is acting as if the home is hers and mentioned charging stepmom RENT or making her move out so she can move back in!?(she lives in Oklahoma) She has already had Dads name taken off deed! My questions: Is there a statute of limitations that applies to orders in divorce decrees? And, as Dads surviving spouse, doesnt my stepmom have more rights to the home then Mom the former spouse does? Both girls agree Dad would have wanted stepmom to remain in home & dont think Mom cares what he may have wanted. Nobody has alot of money(except Mom) for attorneys. Please help!


Asked on 2/25/09, 7:58 pm

1 Answer from Attorneys
Daniel Bakondi The Law Office of Daniel Bakondi

Re: Father passed w/o will-family home goes to?

I think you may be asking the wrong questions and you need an attorney. There are other issues here. If your step mom treats the house like hers and you do not take the proper legal action,t he law will give the property to her under some circumstances. You are not going to win any arguments with her, you have to go to court. If you are interested in dealing with this situation correctly, let me know.

Best,

Daniel Bakondi, Esq.

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Answered on 2/27/09, 2:30 am


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