Legal Question in Wills and Trusts in California
Property owned by my late wife
My wife died 03/05/08
My wife was willed property by her mother. The said property was willed to my wife and her only brother. My wife and I have paid the taxes on the property todate.
I want to know if there is no will, what does this property mean to me? in the state of California
2 Answers from Attorneys
Re: Property owned by my late wife
Her one-half interest would pass by intestate succession. If she has one child, you and the child would each take a share, or if more than one child, you would have a 1/3 share and the children would split a 2/3 share.
Re: Property owned by my late wife
It depends on how your wife and her brother held title. If joint tenancy,the property goes to him. If tenants in common, her 1/2 share passes to her intestate heirs. Succession of separate property is, if one child: 1/2 to spouse, 1/2 to child; if more than one child: 1/3 to spouse, 2/3 to children; if no children, all to spouse.
You may request that the brother reimburse you for his share of the property taxes paid by you and your wife, but it depends on the amount involved whether it is worth it to go to court if he does not comply.
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