Legal Question in Wills and Trusts in California
widow left with no wll house assetsin his name
my friends husband died leftno will she was living in their home still making payments was given notice to vacate property through attorney of his sister and previous wife with minor child,siad they were gonna sell the house and split w her and the minor child so finally she moved out now they can't sell the house right now markets flooded no bodys making pmt on house there gonna loose it pretty soon i told her to move back in stsrt mkin pmts n file homestead?
1 Answer from Attorneys
Re: widow left with no wll house assetsin his name
She can't file homestead as house not in her name. As the wife she should inherit the house with her husband's children. The percentage depends upon the number of children. She should have opened a probate and petitioned to become the administratrix so she could be in control of the estate and then she could take appropriate action to preserve the estate until it could be properly liquidated in a probate sale.
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