Legal Question in Wills and Trusts in California

my mother and her step daughter are on the deed of trust for the house. the step daughter died an only left a simple will. she lived in another state. does her son have to go through probate in california to get his share of the houser when my mother dies? she states in the will that her son gets all her assets, but doesn't mention the house


Asked on 1/27/14, 3:33 pm

3 Answers from Attorneys
Michele Cusack Pollak & Cusack

It depends on how title to the house is held- if in joint tenancy, it now belongs all to your mother (once she files an affidavit of death of joint tenant with the county recorder.) If as tenants in common, the stepdaughter's share is included in "all her assets" and her son will have to probate her estate in CA to get his share.

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Answered on 1/27/14, 3:59 pm
Victor Waid Law Office of Victor Waid

Agree with Mr Cusack

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Answered on 1/27/14, 4:05 pm
Michele Cusack Pollak & Cusack

thank you, Victor, but it is Ms!

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Answered on 1/27/14, 7:31 pm


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