Legal Question in Wills and Trusts in California
My mother has taken the revenues from my dead fathers property. The property is only in my fathers name. Should the heirs to the property be the ones who have a right to the revenues.
3 Answers from Attorneys
Sorry for your loss.
Was there a probate of the assets? If the property was truly in just your father's name, then a probate or spousal property petition would most likely be required.
If it was community property or if it was separate and your father had a will giving everything to your mother, then the property becomes your mothers.
If it was separate property and your father did not have a will, then your mother is entitled to a portion of the asset depending on the number of children your father had.
If the property was in a trust, then the terms of the trust control.
You should determine how the asset is currently held.
It depends on who the heirs are, and how title to the property was held. It is not clear from your post whether there was a will, a trust, or your father died intestate. It is also not clear whether an estate representative has been appointed or a probate proceeding opened with the court.
I suggest you consult an attorney and go over these issues in detail.
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