Legal Question in Wills and Trusts in California
My step brother is contesting my mother's trust.
My mother was living in her home in joint tenancy with my step father who died four years ago,leaving no will or trust. After my step father's death, my mother continued to live in her home, but did not change the title of the deed. My mother left a trust.
Although she left my step brother $50,000, he is contesting the trust on the basis that he should inherit half of the value of my mother's home. He tells me that his father owned half of the house and that it did not automatically go to my mother upon his death. Is he correct?
1 Answer from Attorneys
Re: My step brother is contesting my mother's trust.
If the title of the house was in joint tenancy, your mother as the survivor was the sole owner and could do as she wanted with the property. However I would beware of any letters or documents written by your mother or stepfather that might say something about the house being divided between all of the children of both spouses.
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