Legal Question in Wills and Trusts in California
In 1987 a mother passes and leaves her home to her 11 children, with none of the sibling caring about the property it was somehow agreed that 1 of the brothers and his wife would live in the home. From 1988 to this date the brother and his wife cared for the property, did all repairs, new roof, in & exterior doors, kitchen, Stucco, Paint, etc. He & his wife paid all the property taxes, water, trash, sewage with no one paying anything but he & his wife. The husband passed in June 2010 and since that date 1 of his sisters lost her home in a foreclosure and has filed an unlawful detainer action against the wife because now she wants to move into the house.
My questions are; Does the husbands share in the house go to his wife ? And can the 1 sister evict the wife by stating she is manager when she has not been appointed by the other owners?
2 Answers from Attorneys
The sister wouldn't have authority to pursue the unlawful detainer action unless she is an owner of the house--was title ever transferred through probate or some other means? And even if it was, she'd have to give the proper notice to end tenancy.
The wife should talk with an attorney right away, as there are some legal theories that may apply here proving she and her husband owned the home or perhaps a piece of it--the attorney would have to review the particular situation to give more specific advice on how to proceed.
Regarding her husband's share, the wife is entitled to all of her husband's community property and one-half of his separate property if he had no will.
The husband's share goes to the wife as Mr. Johnson describes, but not automatically. So the wife is not an owner until she probates his estate and has his share put in her name. Until then, she can be evicted as a non-owner. The sister can evict as an owner. She does not have to represent the other siblings.
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