Legal Question in Wills and Trusts in California
My deceased wife and i lived together at the same address in california for 3 1/2 years prior to marrying january 13, 2000 in nevada. we continued to live in the same house till she died in august 2006 without a will. i am preparing spousal property petition because i can't sell or refinance the property (the title companies showed the property as community property without adding the phrase "with rights of survivorship"). the san mateo county court rules say i have to show her net worth at the time of marriage. she had no issue of her own, my three children as step children and seven brothers and sisters four of whom live in the philippines. the property was my separate property prior to my donating it to the community on May 6, 2002. is there no way for me to file a simple affidavit instead of having to go through the expensive and time consuming task of filing a spousal property petition?
2 Answers from Attorneys
It sounds like you own the property with her as a tenant in common and therefore would have to open a probate in the county where she died (and where the real estate is located) in order to get title out of her name, and request to be appointed as the Personal Representative of her estate. Did she have a Will? If she had no Will and you were married at time of her death, you would likely get the property as her sole heir. However, I would have to look up the law on intestate succession to confirm this. I charge $200 for a consultation. You can call me at (928) 526-3268 to set up an appointment re your options.
a filing with the probate department will be required, whether on the basis of a spousal property petition or a full probate. you should retain a qualified attorney to provide advice, prepare necessary documents and represent you in superior court. of course, this could all have been avoided if you and your wife had consulted a qualified estate planning attorney previously. please contact my office if you have any questions or need further information.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
