Legal Question in Wills and Trusts in California

Re: Real estate/ wills

Sorry. If the house is in your mom's name, and if you are the only child, 1/2 of the house goest to her husband. If it is still in your aunt's name, you have to probate your aunt's estate here in CA (the house) first to transfer it to your mom's estate. You will need the will to do so.

This is an example of the mess people make when they try to do what I call "home spun" estate planning.

You should ge a lawyer to assist. The fees are statutory based upon the size of the estate. They are subject to court review and can't be paid until approved by the court.

Re: Real estate/ wills

You need to open probate for your mother's estate. If the house was purchased during the period of separation, then it's her separate property. Generally since she didn't have a will, the house will be divided equally between you and your father (assuming your mother lived in California when she died and you have no other siblings). There could be some exceptions, but that would require further research. If you interested in having my firm represent you in this matter call me.

Re: Real estate/ wills

Claim the house as a specific gift that was devised to your mother as a single woman as her sole and separate property. It is irrelevant if she were married when it was received, because the ownership, to her, was transferred by will as separate propertly.

Now, the issue of the payments for the home cause another issue. Because she was married, if she was making mortgage payments, then those payments would be considerd community property and may caus some comingling of the funds...therefore adding some additional 'flies to your ointment'.

More information is going to be needed before I can give a more certain answer here.

Please feel free to contact me at the info provided by LawGuru or though our firm's informative website located at No-Probate.com.

Warmest Regards,

Scott

Re: Real estate/ wills

This looks like a real messy situation. the house in in your aunt's name, but she's dead. A probate would be required for you r Aunt, and another one for your mother. Good luck.

Re: Real estate/ wills

I am sorry for the loss of your mother.

You need to open a probate to clear title to the real property.

If you would like a free consultation, please call or email me with contact information. I have over 25 years experience in probate and estate administration.

Good luck and thank you for your inquiry.