Legal Question in Real Estate Law in California

my mom put her house in mine and her names, tenants in common, she passed away and her will states each of the three children should share and share alike. If he house sold for 120 would the three children divide that or would the house be half mine half my moms and we would share 60


Asked on 6/13/11, 4:58 pm

2 Answers from Attorneys

Anthony Roach Law Office of Anthony A. Roach

Based on what you have told us, the three children would divide what she owned at the time of her death, which is half the house. You already own the other half.

With that said, you should be aware of the doctrine of ademption by satisfaction. In other words, your siblings may be able to successfully argue that you already got your "share" when your mother was alive. A specific, general, or demonstrative gift may be satisfied in whole or in part by an inter vivos (literally "among the living") tranfer from your mother to you after she executed the will. This doctrine does not apply to gifts made before the will was executed.

Ademption by satisfaction has both full and partial applications. I suggest speaking to a competent attorney, and bringing the will with you.

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Answered on 6/13/11, 5:52 pm
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

I agree. The relative timing of the execution of the will and the transfer of the house to tenancy in common, as well as the exact phraseology of the will, is probably going to determine whether there has been an ademption by satisfaction or not.

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Answered on 6/14/11, 8:41 am


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