Legal Question in Wills and Trusts in California

Many wills have a clause that will cause a gift to lapse if the beneficiary predeceases the donor, so you may be confusing language in the will. An attorney would have to read the documents to give you specific advice. However, it is common to require a recipient to be alive to receive a gift and if that condition fails then the gift goes to other heirs. But since she was alive after your mother passed away, it sounds like the house went to her 100% and then when she passed away it would go to whomever she left it to (in this case, her husband). Again, you should have a lawyer look at the actual documents. There may be deadlines for even asserting claims that will pass if you fail to act promptly.

You also need to look at the deed's wording...if she added her husband 's name and used the words " husband and wife as joint tenants" or "husband and wife as community property" he would have the right of survivorship.

To answer your question, an attorney would like to know when the death occurred, how title was held, and whether or not the daughter left a will.

If Daughter "owns the home" in 2002, then presumably, Mom has died and Daughter survived long enough under the terms of the Will to get title in the first place. Without seeing the documents, it is difficult to give a definitive answer. It seems that you are asking whether siblings get the property now that Daughter died. That would mean she had a life estate [which means she can use it during her life and then goes to someone else on her death] not a fee simple [which means it belonged to her]. Since you say she owned it, that seems to be indicative that she owned it and that would mean it is hers to do with what she wanted. If her Husband is on the deed or if she left it to him, that is where it goes. Siblings cannot state a claim based on the facts you present to us.