Legal Question in Wills and Trusts in California

I am trying to figure out what will happen with my family estate.

My father had 2 children before he married my mother. I am the only child from both my mother and father.

All property and assets were in both of their names. Many years ago my father passed away with no will. My mothers never went though probate, or even changed the names on any of the property or other joint assets. Last year my Mother passed away with no will.

Here are my questions:

1) When my father passed away, did all joint assets automaticity become my mother�s?

2) Because I am the only Biological child of my mother, am I the only heir to her estate that she inherited when my father passed away? (If question 1 is yes)

Just to give a little insight into my intentions, I am trying to do what I can to keep my family�s homes. The step children would want to sell them to make any money they can. They always lived with their mother so I guess they have no reason to feel attached to the homes like I do. (I grew up in them)

Thanks you very much for any thoughts, or information.


Asked on 10/06/09, 3:31 am

1 Answer from Attorneys
Robert F. Cohen Law Office of Robert F. Cohen

The house and all other community property passed to your mother upon your father's death if your father died on or after 1/1/85. See Probate Code section 6401.

If he had held separate property, then the laws of intestacy would have given that separate property, only, as follows: one-third to your mother, and two-thirds to be divided among you and your father's other children.

Upon your mother's death, you were her sole heir. Thus, it seems that you may petition the court for letters to administer your mother's estate.

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Answered on 10/06/09, 3:50 am


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