Legal Question in Wills and Trusts in California

My Mother recently passed away 8-13-10. In her will she left 17.5% of her half of the house to each of the four kids and 30% to her husbands daughter. My stepfather, today, is refinancing the house. So now the house will be in his name only. Does this nulify the will? Everything else in her estate, she left to him.


Asked on 8/27/10, 12:50 pm

1 Answer from Attorneys
Aaron Feldman Feldman Law Group

You probably should meet with an attorney and soon. There a couple of potential issues, but an attorney would need to review actual documents. Was title to the house held in Joint Tenancy? Did the will invalidate the joint tneancy? It is answers to questions like these that will determine what interest, if any, you and your siblings may have. In the meantime, if the re-fi involves cash out, then you may lose equity! Lastly, like all legal disputes, there is a question of what is the house worth and what will it cost to vindicate your rights? Please call me if you would like to disucuss this further.

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Answered on 9/01/10, 1:23 pm


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