Legal Question in Wills and Trusts in California

Re: quit claim deed

It depends. But, probably not.

Re: quit claim deed

I have to answer this again, since I was too hasty. I assume that the quitclaim deed you refer to was to confirm that the gift to her husband was his separate property and not community property. In that case, she and any children of the decedent would inherit an interest in the house. How much depends upon how many children he had.

Re: quit claim deed

you will need to consult a qualified attorney to determine what, if any rights, you have to your father's property and whether or not your stepmother is handling his estate correctly.

Re: quit claim deed

I am sorry for your loss.

Since your father did not have a will his property (which will likely include any inherited property from his mother) will pass via "intestate succession", the law that says to whom your property goes upon death without a will. It generally goes to relatives in specific order and percentages.

You should check with an attorney in the general geographic area where your father resided upon his death.

Let me know if it was in Southern California.

Caleb

Re: quit claim deed

A person who signs a quitclaim deed as grantor gives up whatever interest that person had in the property. I would have to see the deed to tell you for sure

Re: quit claim deed

Was your stepmother married to your father when he died? If so, absent a will, she probably has a right (through intestate succession) to part of his seperate property. Depending on how many children your father has, this is most likely either a right to 1/2 of the property or 1/3 of the property.

Even though she gave up her rights to the property before your Father's death (quitclaim) she easily could have become entitled to a portion of the property again when your Dad passed without a will.

This is an unfortunate situation, and I am sorry for your loss. If your stepmother is amiable there might be some other solutions to the problem (assuming she wants to honor what your Father intended, and assuming that this is what your Father intended).

It sounds as if you need to take your Father's estate through probate. Let us know if we can be of assistance.

Re: quit claim deed

yes, it will go to both of you.