Legal Question in Wills and Trusts in California

Re: Stepchildren rights to estate

If the assets left by someone who dies exceeds $100,000 in gross value, then in California the estate must go through probate, whether or not there is a Will. If the property is owned as joint tenants with the right of survivorship, which is common among married people, then the real property in joint tenancy passes immediately upon death to the still living tenants, who do not have to be a spouse.

You need to find out what the form of the property ownership was, what the Wills of your mothjer and stepfather state, whether the daughter is respresented by an attorney, what the probate file shows [go down to the county probate court to look it up; it may also be on line], etc. It is very possible that your mother left the entire house to your stepfather and that he has the right to disposs of however he wants in his Will. California also is a community property state and that effects ownership rights. Were the children living there as tenants, is it a rent control city, etc? Are they mentally competent? They need to act on their own otherwise! You could end up spending a great deal of time and money trying to help them and they decide that they wanted somethng else done and that you were at fault.

They and you need to read something like a Nolo Press book on estates and see a probate attorney to figure out what the situation is and what rights exist. Be prepared to spent about $250 per hour for an attorney, unless you select someone with lower price because of much lower overhead/semi-retired.

Good luck, but do not delay, especially if the house has already been listed for sale.