Legal Question in Wills and Trusts in California
''My Rights To Inheritance''
My father whom recently passed, did not leave a will,
that I know of. He does have a house. My sister had put
part of a down payment on the house and her name is on
the house as well as my fathers name is. Am I entitled
to any part of the house at all? Also did my father have
any assets that I am entiteled to? What are my Rights
as my fathers son, and what should I do next? My father
just passed two weeks ago. Please help
2 Answers from Attorneys
Re: ''My Rights To Inheritance''
Regarding the house, a lot depends on how title was held. If your sister was on title as a "Joint tenant", then she would completely own the home under right of survivorship. If it was tenants in common, she would own 1/2, and the remainder would be distributed to the heirs.
As to any other assets, they would also be distributed to the heirs, according to what is known as "intestate succession", which is basically a statutory provision that dictates how property is distributed upon death when there is no will to follow.
In any case, it is probable that the estate winto go through probate.
Re: ''My Rights To Inheritance''
The other attorney summed it up. You need to get ahold of the current vesting deed (from county recorder or title company) to see if in joint tenancy or tenancy in common. Need to see what other assets there are. You are entitled to 1/2 and your sister the other 1/2... from what I saw in your question. Let me know if I can help you out.
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