Legal Question in Wills and Trusts in California
Community Property
My father, who is deceased, lived in California for 40 years. In 1993 his mother, who lives in Ohio, gave my father, my mother, and 2 other relatives her house. Since my father passed away, my grandmother has been trying to get my mother to sign over my fathers portion of the house. She has also treatened my mother, saying that because the cost of attorney fees for changing my fathers portion of the property to his heirs is substancial, she would half to give up her portion of the property or pay for all the repairs and property taxes since 1993. Her attorney has also indicated that community property is not an issue because the property is an Ohio asset. None of this makes any sense. Can you give me some insight on what my mother can do or explain community property?
2 Answers from Attorneys
Re: Community Property
Community property is not the issue. One who receives gifts and doesn't transmute the property to the community has the property generally remain as separate property. A gift is generally a gift and does not have to be given back. If your mother inherited your father's portion she now holds both his and hers. The decision to gift back is hers and hers alone.
Re: Community Property
First, i dont see why anyone should sign anything over to the grandmother. as far as community property goes, it depends on the circumstances under which your father aquired his share of the house. because he lived in CA and was the owner, you would go under CA law as far as deciding if it is community property. More facts are needed to answer our question.
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