Legal Question in Wills and Trusts in California
Support from Estate Intestate
My mother has lived (unmarried) for the last 21 years with a man who she had joint tennacy with in many things including their house. He recently died intestate, and left his estate basically to his brother the only next of kin. My mother is now 81 years old and after 21 years of living with him and with proof of his support and co mingling of some accounts, can she get support from his estate? Is their a precedent case available to view and take to a lawyer. She is in Southern Calif. Or can she file a civil torte to get the support under the premise that he had supported her (she has proof)for the 21 years and should continue to recieve support at this point in her late years from the estate, which could afford this. If so is their a case to support this premise. Also another angle if necessary should she file palimony type suit against the estate. Thank you.
1 Answer from Attorneys
Re: Support from Estate Intestate
The term "Joint Tenants" means they both jointly owned those things, and that the survivor of the two would own 100% of the items held n joint tenancy. (Tenants in Common means she would own 1/2 of those items).
This means that the brother may have claim to any of the decedents separate property and 1/2 of anything held as tenants in common. As far as those things held as joint tenants, most likely they now belong to your mother.
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