Legal Question in Wills and Trusts in California

Re: property_seperate_or_not____important

It is difficult to respond to this without better knowing what kind of document there was between you and your brother. Also, if you have a parcel number (for example, a county tax collector assessor parcel number ("APN")). With this information you may be able to review the title of the property to see how the property is titled. More information would be helpful.

Re: property_seperate_or_not____important

The answer depends on the agreements you have with your brother, along with the titling of the assets--an attorney can review the specific documents and give you a more specific answer. It's also possible you could have a creditor's claim against your brother's estate, but collecting on this also depends on how his assets were titled.

Re: property_seperate_or_not____important

I am very sorry to hear of your brother's passing and now this to add on top of it. Here's my summation based on what you have stated:

Odds are it will pass to spouse, (CA law), but it is a rebuttable presumption. It depends on what type of agreement you have with your brother and what the terms of that agreement are.

Please feel free to contact me to discuss this in further detail, and in a more confidential setting, at the email address provided by LawGuru or through our firm's website at PasadenaEstatePlanning.com