Legal Question in Wills and Trusts in California

Father dead, no will

what do my common law husband and i bought a house 2years ago he died one year later the house loan and deed was in his name only i have been paying the payment the last 6 mo we also had 3 kids i dont want to go into fourclouser but the bank says i have no rights to the deed, does the house need to go to probate and do i and my kids have any rights? he also he kids from a previes marrage and they want money from the house. when we bought the house 2y we finance 100%. what do i do my childeren lost their father we dont want to lose the house also?


Asked on 7/12/07, 5:52 pm

2 Answers from Attorneys

Scott Linden Scott H. Linden, Esq.

Re: Father dead, no will

Sadly, in your situation, CA does not recognize "common law" marriages. There may be some options available to you under quasi-community property, but we will need to review the deed, the paperwork that you have from the loan company, etc.

Understand that this is no guaranteed win, but you do have a good argument.

Please call our office as soon as possible and set up an appointment with Anthony Grossman, another partner in our firm. He has been appraised of your situation and is expecting your call.

We're over in Pasadena, so we're fairly close to you. Our number is provided below by LawGuru and also on our firm's site at No-Probate.com.

Scott

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Answered on 7/12/07, 6:35 pm
Thomas McKenzie Law Offices of Thomas L. McKenzie

Re: Father dead, no will

It appears that if your late partner's name was the only name on title to the home, the estate would have to go through probate. If I were in your position, I would file the petition myself, so that I could be named as the personal representative of his estate. If you need any assistance, I can help. If you'd like a free initial consultation, email me at [email protected], and include your telephone number. Also, we typically do not require any payment from the client, until the probate is finished. Good luck to you.

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Answered on 7/12/07, 6:38 pm


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