Legal Question in Wills and Trusts in California

Probate issue regarding house property

I have been married for 13 yrs to my husband who passed away five years ago. He had written a will out in 1981, before we were married, and has not written out a new one since. In his last will he left his brother as the administrator. Ever since we married I have been living in our house that he owned before me. Recently, I have been having conflict with his family because they claim to own half of the house that I live in currently. His lawyers said that the brother has the right to half the property of my house but he cannot touch it until I pass away. my question is, is he entitled to hald of the house that I have been living for for 18 yrs, although I've been married for only 13yrs. Am I legally entitled to my house without having to split anything with him? THank you.


Asked on 12/01/02, 2:13 am

1 Answer from Attorneys
Kai Wessels Kai H. Wessels

Re: Probate issue regarding house property

Thank you for your question. The answer to your question depends heavily on the language of your husband's will and who paid, and what resources were used to pay, for the house mortgage and expenses while your husband was alive. Based upon the limited facts you provided, it is very possible that you could recover more than 1/2 of the property. It is therefore very important that you contact an attorney to determine your rights and interests in the property. If you interested in contacting me, please do not hesitate to contact me at (408) 268-2580.

NOTE: Please understand that the information provided in this reply is for informational purposes only and does not create an attorney-client relationship. It also may not be complete. Before you make any decision that might possibly have legal implications, you should consult with our office, or another qualified professional, in a manner that provides for thorough communication so that thorough legal advice can be provided in a manner that relates to your specific circumstances.

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Answered on 12/06/02, 8:41 pm


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