Legal Question in Wills and Trusts in California
Father just passed, he does have a living trust and will, problem is father did not change name on deed of house from my first step mother who passed before he. He kept it in both their names. 2 years after that stepmother passed, father re-married. fast forward 13 years and father passes but never named this stepmother to any deed or any other property. The only property the both acquired during their marriage are 2 cars. Is his house which is not in this stepmothers name list as community property or separate property?...very confusing as trust lawyers are advising it is community property? even tho my father has listed brother as executor and to dispose of all properties to share between children,,,4
1 Answer from Attorneys
The following is for informational purposes only, and not to be relied upon as legal advice. I will presume your fact pattern took place in California and that California law applies.
13 years ago your father's ownership interest in the property (most likely 100%) was his separate property. It remained his separate property with the possibility that his last wife obtained a community property interest if community funds or effort added to the value of the property.
If your father agreed, most likely in writing, that the property was to be community property with his last wife, then the property could be community property even if recorded title did not change.
Good luck with your efforts.
Sincerely,
Kai H. Wessels, Esq.
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.
