Legal Question in Wills and Trusts in California

My mother was with a man for 27 years and was told upon his death she would inherit the house they shared together, that he purchased prior to their relationship. His step children were aware of this fact as well as his siblings. One sibling disagrees that my mom should inherit the house. He left no will. Does she have any legal rights to inheritance and can the step child claim petition the probate court for the house?


Asked on 4/14/10, 9:07 am

1 Answer from Attorneys
Frankie Woo Fiducia Legal

If your mom was not married to the man, she most likely does not have any rights to the house, even though there may have been a verbal promise that the house would go to her. In California, if an unmarried individual passes without a will or trust, the property goes to the children first, and if no children, to parents, and then to siblings. An unmarried partner would not receive anything under the law. If the person is a stepchild of the man, that person would not inherit from the estate either.

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Answered on 4/19/10, 3:53 pm


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