Legal Question in Wills and Trusts in California

does my half brother have a case

my mom and dad had purchased a house in 1948 for 14,000 dollars my dad died in 1996 the fair market value of the house was 55,000 dollars my half brother at the time of my dad death stated he did not want anything from my dad my dad had his last Will and Testament in 1985 my bother after ten years wants to take the house from my mom he is not in the Will does he have a legal case


Asked on 5/29/06, 11:21 am

1 Answer from Attorneys
Mona Montgomery Mona Montgomery, Attorney at law

Re: does my half brother have a case

The house was community property so, if there was no will, your mother would get the house. The only possible claim your half brother might have is his share of 1/2 of your father's personal (as opposed to community) property. I suggest that you ask your mother to give your half brother some mementos from his father's personal property although he will probably see that as an insult.

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Answered on 5/29/06, 5:41 pm


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