Legal Question in Wills and Trusts in California

A friend passed away a week ago, title of the house & mortgage was in her name due to her husband bad credit and previous problem with debts. She did not leave a will and her children are concerned since they still live at home and used to help their mother with mortgage and utilities, do they have any rights on the house?


Asked on 11/19/09, 8:31 pm

1 Answer from Attorneys
Michele Cusack Pollak & Cusack

if the house was the decedent's separate property and there is no will, it goes one third to the husband and two thirds in equal shares to the children. If the husband can show that it was community property in spite how title was held, he would inherit the 100%.

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Answered on 11/24/09, 9:00 pm


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