Legal Question in Wills and Trusts in California

Homestead

My father in law recently died without a will. His wife owned 1/2 of the house and property under community property. The other half is to be split amoungst the wife and my husband and his two sisters. We started to put the house into probate, but now she is claiming homestead. My father in law owned the house a little over 10 years before he married her, she put very little into the house financially. What are her chances of claiming homestead for the remainder of her life and is there and thing we can do about it if she does? Thank you


Asked on 12/29/05, 1:30 pm

2 Answers from Attorneys
H.M. Torrey The Law Offices of H.M. Torrey

Re: Homestead

In a nutshell, the homestead act more or less only protects a percentage of the actual equity a person(s) own in a home against creditors. This act is not in place to allow persons to claim ownership interests BEYOND what they actually own in the property at issue. If you would like further legal assistance in this matter, contact us directly hereafter for a free phone consultation.

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Answered on 12/29/05, 2:59 pm
Robert Mansour Law Office of Robert M. Mansour

Re: Homestead

I think it is important to take a look at the actual recorded title to the home. The extent to which property is characterized as "community property" in California and the manner in which title is held are among the most important factors. If you need more assistance, please contact me for an appointment.

Robert Mansour,

www.MansourLaw.com

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Answered on 12/29/05, 4:54 pm


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