Legal Question in Wills and Trusts in California

My mother died without a will. Her and my father had been married 60 years and acquired a house during that time. The property was held in joint tenancy for 46 years. In 2003, my father executed an inter-spousal property transfer to my mother for certain business reasons. The intent was to have this changed back to joint title/ community property but that never happened prior to my mother's death. They had trusts completely drawn with instructions for a quit claim 2 weeks prior to my mother's death. She became ill and they were not signed. My father is still on the note. I would like to help him file a Spousal Property Petition but need to know how to list their home. My mom held title but it was always understood between them that it was community property. She had no other separate assets. If anyone can help, I'd appreciate it. P.S this is form DE-221 in CA.

Thanks!


Asked on 3/06/11, 9:52 pm

1 Answer from Attorneys

James Cunningham Jr CunninghamLegal

This is a tricky two-page court form, and the order is even trickier. It would be worthwhile to buy an hour of our firm's time ($360) to assist you with this.

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Answered on 4/14/11, 12:45 pm


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