Legal Question in Wills and Trusts in California

Re: Probate Homestead

It depends if the courts grant her the homestead or not. Whether or not they do depends on a number of factors including: 1) agreements between your father and step mother, 2) whether there are minor children living in the house with your step-mother, 3) whether your step mother has remarried since your father died, 4) issues dealing with your stepmother's needs, her health, the length of their marriage, and the ages of any dependent children.

It is important to note that such a homestead is not a right vested in a surviving spouse, but instead at the discretion of the probate court. If she does have it successfully granted it will most likely have a time limitation on it, since there are some statutory limitations on the length of such homesteads. Also realize that your interest in the property should not be destroyed, but instead you would take your 1/3rd after the homestead period is over.

Hope this helps.

It is important to note that such a homestead is not a right vested in a surviving spouse, but instead at the discretion of the probate court. If she does have it successfully granted it will most likely have a time limitation on it, since there are some statutory limitations on the length of such homesteads. Also realize that your interest in the property should not be destroyed, but instead you would take your 1/3rd after the homestead period is over.

Hope this helps.

Re: Probate Homestead

Mr. Burton gave you very good advice. Going a step further, you can also oppose her motion if she ever files and point out to the judge that she lied to you for two years, unless she has her own income or there is no mortgage on the property it would be better for her to sell and move to a less expense place if she had lived there 2 of the last 5 years up to $250,000 in profit is tax free. Find out if she has an attorney [normally the court will have a web site where you can look up cases and see who represents the parties, court dates, some documents, etc. Speak to the attorney about what is going to happen, that she did not tell you the truth about her owning only 1/2 of the property and that she should owe you rent for the half the fair market value of renting the whole house, etc. Think of what else she did that is wrong. Talk to your other siblings beforehand so that there is common agreement as to what you all want done. Good luck