Legal Question in Wills and Trusts in California
Death of a sister
My sister passed away and we had a house in both our names and I was named beneficiary to her 401k. Her only daughter is now claiming that she wants the money and half the house. Does she have a legitimate claim?
2 Answers from Attorneys
Re: Death of a sister
Sorry to hear about the passing of your sister.
It depends on how title was held between you and your sister.
She has no legitimate claim to the 401K, as this passes outside of probate and automatically passes to the named beneficiary.
Our office specializes in probate, trusts and estates. Please feel free to learn a little more about us on our firm's website located at NO-PROBATE.com.
We can be reached through the site or at the address, phone and email provided hee on LawGuru.
Regards,
Scott Linden
Re: Death of a sister
I don't know what both our names means. It if was as tenants in common, then 1/2 of the house will pas to her daughter by intestacy. If it was as "joint tenants with rights of survivorship", then you own the house outright. The 401 k will be distributed to the beneficiary, unless the daughter can prove fraud or undue influence. She may also prevail as to the house if she can prove fraud or undue influence.
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