Legal Question in Wills and Trusts in California
benificary of estate
my father recently passed away. Prior to his death he was living in my grandmothers house. He moved in after my grandmother passed away approx 5 years ago and she never made a will. Although my father has 1 sister, 1 adopted brother they were ok with him living there. Since my father's death, my Aunt and Uncle are ready to sell the house and have met with an attorney to start the probate process. My dad is still legally married to my mother for over 50 years. My aunt and uncle do not want to include my mother in receiving money from the sell of the house. Does my mother have a stake in my grandmother's house since my parents were never divorced? Is she entitled to the third of the money that my father would have received?
1 Answer from Attorneys
Re: benificary of estate
This depends on a number of factors. I would say, that most likely, your mother is due at least a portion of the sale (depending on your father's will). Your aunt and uncle might have an argument that your father living in the house rent free constituted a portion of the value of his part of your grandmother's estate. However, your Mom should see an attorney ASAP to handle her interest.
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