Legal Question in Wills and Trusts in California

My dad died 3 months ago and didnt leave a will. My step mother sold the house that first month. Are my brother and i entitled to anything? we are 21 and 18 and they were only married 9 years. She went on vecation, got a new car, and is "starting a new life." I dont know what to do and i just want to make sure my brother is taken care of.


Asked on 11/03/10, 8:01 pm

2 Answers from Attorneys

Michele Cusack Pollak & Cusack

Depends on whether your father did any estate planning and, if not, whether he died with any separate property (not commingled.)

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Answered on 11/08/10, 8:18 pm
Aaron Feldman Feldman Law Group

Just to add a comment regarding the house, it can depend on how title was held. If your father created a joint tenancy then it belongs to the surviving joint tenant and she is free to sell the house and keep all of the money. You can easily check with the Recorder to see how title was held.

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Answered on 11/08/10, 9:54 pm


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