Legal Question in Wills and Trusts in California

Re: father dies and stepmother gets everything

You can file a probate petition and, assuming the properties are his property, move to enjoin the foreclosure sale until they can be sold. Contact a probate attorney as soon as possible.

Re: father dies and stepmother gets everything

You have a difficult situation. If he died without a will , the things he had before marriage could be separate property.

Re: father dies and stepmother gets everything

You and your siblings share in 1/2 of your father's SEPARATE property. This means property which was not shared between your father and his wife. For example, if your father entered the marriage with a piece of real estate in his name this would be his SEPARATE property and you and your sibs would divide 1/2 of this property. In order to get the value of this property you would have to petition for probate with no will. That is the technical law in your case.

As a PRACTICAL matter, yes, you can stop the foreclosure by paying the taxes. You can open the probate and be reimbursed for the money you pay for the taxes. That is assuming that the only problem with the real estate is taxes. If there is a large loan on the property you would have to figure out if the equity in the property is worth the effort of filing a lawsuit.

Please do not contemplate this action without an attorney.