Legal Question in Wills and Trusts in California

my moms will

my mom was not married and she had her own home she paid on with help from boyfriend and when she passed away he told us he dont know what happened to her will ,she has 3 daughters and she has grand children ect my moms boyfriend took over the house and all her other important matters left her children nothing so he says,how can i find out,''please help me''


Asked on 6/03/09, 10:26 am

4 Answers from Attorneys

Michele Cusack Pollak & Cusack

Re: my moms will

If your mom added her boyfriend to the title of the house as a joint tenant, the house is his. If not, and she died intestate, it should go to you and your sisters. You might need a lawyer, but your first step is to get a copy of the deed at the county recorder's office.

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Answered on 6/03/09, 12:47 pm
Chris Johnson Christopher B. Johnson, Attorney at Law

Re: my moms will

Start with the house deed--you can get a copy at the county recorder's office, or an attorney can get a copy for you--depending on the form of the title, you may be entitled to a portion or all of the house.

If so, probate is likely required, and can be filed in the county where she lived--if the will is not found, her assets would be inherited by her children in equal shares.

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Answered on 6/03/09, 1:34 pm

Re: my moms will

I'm sorry for your loss.

With respect to your question, you really want to find out what rights you and your sisters have.

If your mom died without a will then her property will pass through what is called "intestate succession" and will likely go to her three children in equal shares.

Since your mom's boyfriend is living in the house rent-free, I think it is important to find out ASAP whether the house belonged to your mom alone or whether she had put the boyfriend on title. This is going to be of prime importance assuming that the house was her most valuable asset.

Therefore, you will want to obtain a copy of the most recent deed(s) on the house. You can do this through the county recorder's office in the county where your mom's house is located. Or, you can have an attorney obtain this information.

Let me know if you want to consult on this matter.

Caleb

DISCLAIMER

This reply constitutes legal information for education purposes and does NOT constitute legal advice nor establish an attorney-client relationship. We will only represent you based on a written retainer agreement. Therefore, you should contact this office to discuss representation if you do want legal advice/representation.

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Answered on 6/03/09, 3:04 pm
Scott Linden Scott H. Linden, Esq.

Re: my moms will

If there was no will, then as her child you can (and should) start a Probate. The boyfriend has no inheretence rights without a will.

If you would like to discuss this matter further in a more private forum, please feel free to contact me directly at the email address provided by LawGuru or through our firm�s website located at PasadenaEstatePlanning.com

IMPORTANT:

No attorney-client nor confidential relationship is created through this communication. You may not rely in any way on this communication, and nothing herein constitutes legal advice nor legal opinion. Your issue may be time-sensitive and may result in a loss of rights if you do not obtain an attorney immediately.

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Answered on 6/03/09, 3:24 pm


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