Legal Question in Wills and Trusts in California
Husband and wife buy a cabin during marriage with community funds. For some reason it is held 50/50 as tenants in common between them. Husband dies intestate survived by wife and 3 kids for a prior marriage.
How gets the property? Can I shortcut probate with a spousal property petition?
Asked on 2/24/15, 10:26 pm
1 Answer from Attorneys
Len Tillem
Tillem McNichol & Brown
The answer is to file a spousal property petition - if the husband died intestate (with no will) then all community property passes to the surviving spouse under California Probate Code section 6401.
The only potential problem is that the husband's children may object to the petition and the issue of whether or not the funds used to purchase his half of the property were really community property could be litigated.
Answered on 2/25/15, 8:53 am
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