Legal Question in Wills and Trusts in California
Mom died without a will
She and my step-dad were married for 20 years. They were joint tenants on at least 5 properties in Oakland, 3 of which he owned before their marriage. In his will he donated all real estate to charity. Can he do that, without giving half of the value to Mom's four surviving heirs?
2 Answers from Attorneys
Re: Mom died without a will
You will need to show us all the papers first for the reply.
Re: Mom died without a will
The general answer is yes, he can do that. Joint tenancy is a winner-take-all situation. There might be some relief under probate code section 6402.5, but it deals with intestate (without a will) succession. If your stepfather had a will, most likely he can do with the property as he pleases.
Your situation illustrates one of the primary reasons that lawyers preach about the "dangers" of joint tenancy and why it is important to have a living trust in place to protect the children in a "blended family" situation.
If your stepfather is still alive, you might talk to him about leaving something to you and your siblings. If he's deceased, you must act QUICKLY once the probate is begun - there is a very limited time in which to contest a will. If you wait too long, you are completely out of luck.
This information is not intended to substitute for professional legal advice and does not create an attorney-client relationship. You should accept legal advice only from a licensed legal professional with whom you have an attorney-client relationship.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
