Legal Question in Wills and Trusts in California

1. My son bought a house around 1/1/2005. He was engaged, but not married, and put the entire $250K down payment from his own money.

2. Just before the wedding, he added his fiance's name to the title for credit purposes, and it was held in joint tenancy I believe.

3. My son passed away 1/26/17, and his wife still lives there. She is severely disabled, and her father has been paying the mortgage for at least 3 years.

4. They have no children, only her father, myself (her husband's mother), and each have brothers and sisters.

5. They each to don't have a will. What happens to the house on her death (which may be soon due to her health), and to any monies her Father paid into the house? We live in California


Asked on 8/16/17, 12:32 pm

1 Answer from Attorneys
Gerald Dorfman Dorfman Law Office

Sorry for your loss. As things stand, the house passed to the wife upon your son's death if it was held in joint tenancy. It will go to her heirs when she passes. If you want to claim that somehow your son retained a separate property interest, you better consult a probate attorney. You should do that now, while any evidence of such an arrangement can be preserved.

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Answered on 8/18/17, 3:25 pm


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