Legal Question in Wills and Trusts in California
Separate property improved by Community property
My husband died suddenly last month without a will. We had intended to set up a trust, but the lawyer messed up the papers & we didn't get them signed before he died. The only asset in question is a house my husband brought into the marriage. Actually, what he brought into the marriage was land with a barely livable shell on it! It wasn't even enough of a house to be on the tax rolls.
Over our 21 year marriage, we used community property assets to finish building the house. If the papers had been signed, the house would be in a trust, and all five of our combined children would inherit, on my death, equal shares. As it stands, my step-son is now saying the house was my husband's separate property, and he wants one-third and one-third for his sister. I know that is what the probate law says, but doesn't the fact that our community property is what gave the house it's entire value count for something? Or that the only reason there's not a trust is because the lawyer messed up?
4 Answers from Attorneys
Re: Separate property improved by Community property
Consult with an attorney regarding filing a community property petition to have the court confirm your community property interest in the property. Notice will be given to all children and stepchildren, and the court will order the community property transferred to you.
Re: Separate property improved by Community property
You have community property interests in the land and in the house. Contact a lawyer to protect your rights right away.
Re: Separate property improved by Community property
While the value of the land, along with small appreciation, could be separate property, entitling the children to 2/3 of that portion, it should not be difficult to show that the community property interest is significantly higher.
I would need more information, but my guess without seening anything is that the property is probably close to 80-90% CP.
While I think you have the stronger argument, you need to get someone to help you. Has Probate been opened? How was title held? Let me know if I can help.
Ken Koenen
925-924-0100
Re: Separate property improved by Community property
You are certainly entitled to the community reimbursement on the property. Please contact Chris Johnson in our office to explore your options-Martin
626.683.8869
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