Legal Question in Wills and Trusts in California
Deed trust and will question
I am asking advise for my mothers will and grant trust deed signed 6 years ago. My mother died of breats cancer 10 days ago, She fought it since 1992. One year after being dignosed she signed will and trust. Background---- she was married 3 times, first husband divorced in 3 months, had first child-me. then remarried and had 3 boys, bought house jointly. Second husband adopted first child-me. Second marriage ended in divorce after husband had motorcycle accident. State now takes care of second husband due to inabliltiy to function-( vegetable) head injury. Mother then is left with house and all assets including raising 4 children. Mother later remarries has 5 child with third husband. Third husband didn't adopt any of previous children. Mother signs trust deed and will 10% to third husband-90% to children from previous marriage. 5 years later refinances mortage and with joint signature of new loan. Mother dies. Question - Does children of previous marriage have a right to the estate? Or no right?
1 Answer from Attorneys
Re: Deed trust and will question (joint tenancy?)
I hope I understand your question--that the house was retitled in your mother and her husband's names as joint tenants. If so, the surviving joint tenant is usually entitled to the property at the other's death.
You should consult with a probate attorney soon to make sure you know what property you have rights to receive.
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