Legal Question in Wills and Trusts in California

my widowed mother remarried, the sold her house in california, bought another in arizona. Later died in arizona without a will. the husband remarried put the new wife on the deed, and died later. Do me and my 2 sisters have any legal ground to contest the estate being sold off now by the new wife?


Asked on 4/16/10, 1:15 pm

1 Answer from Attorneys
Aaron Feldman Feldman Law Group

Without reviewing the actual documents it is hard to tell for sure what rights you and your sisters may have. One scenario would be that when your mother re-married she put the house in Arizona in joint tenancy and the bank accounts also were held jointly. Joint tenancy means that the house passes to the survivor (her husband in this case) and there is no Estate. There is no legal right to inherit from our parents. To do so requires some expressed intent to leave property to you, such as a will or trust. If that didn't happen, then you may not have any valid claims. Again, only an attorney reviewing the actual documents with you can tell you with any certainty what your rights really are.

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Answered on 4/21/10, 1:42 pm


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