Legal Question in Wills and Trusts in California

mother died,,bought moblie Home in madian name while husband never worked no will,whom ownes husdand(stepfather) or son or percentage to each?


Asked on 3/02/11, 11:39 am

1 Answer from Attorneys

Michele Cusack Pollak & Cusack

If community property, all to spouse. If separate property, 1/2 to only child and 1/2 to spouse or 2/3 to more than one child and 1/3 to spouse.

But whether the stepfather worked is irrelevant. If the asset was paid for with community funds (including your mother's earnings during the marriage) it is community property. If she bought and paid for the whole thing before the marriage, arguably it is still separate property.

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Answered on 3/03/11, 7:19 am


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