Legal Question in Wills and Trusts in California
My mother died this month. For the last 4 decades both her and my father have lived in a house that my mother inherited from her parents. My mother has always been the only one whose name appears on the title of the house. My mother died without a will. My father has now filed DE-221 Spousal or Domestic Partner Property Petition to try and gain complete ownership of the home. (My father has money problems) What can I do to at least see that this house is divided to the Intestate rules?
2 Answers from Attorneys
You must file an objection or the petition will be granted automatically. Present evidence that the property was your mother's separate property and (if there was never a mortgage while your parents were married) you should get a share (% depends on if siblings and how many). Probate of the estate may be necessary. You should consult an attorney.
Your question presents a number of potentially complicated issues. You should consult with an attorney sooner rather than later.
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