Legal Question in Wills and Trusts in California
My X wife who recently died had a Will and gave substantially all her personal assets and one-half ownership of our home to her 3 daughters who are also her Executors. She and her husband principally kept their assets separate with her paying the bills and buying the household items.
For 36 years she and I jointly owned the home in California were she and her husband lived. The Title was in "Joint Tenancy" but she recently "Quit Claimed" title to me prior to her death.
Q - Can her husband claim that :
(a) All the personal assets belong to him and over-ride her Will?
(b) The one-half interest in the house she Willed to her children is actually his as they were married at the time she died and Calif. is a "Community Property" State?
Thanks - Bob T.
2 Answers from Attorneys
(a) He can certainly stonewall regarding the personal possessions, because they are not likely worth enough for the daughters to sue him over items of sentimental value.
(b) A transfer of community property made without consent can be voided by the court, but this applies only if he can prove that the property is community property - and that means he has to show it was paid for during the marriage with community property funds (such as her employment income).
Your question is a little confusing. If title remaind in joint tenancy until death, title would trandfer to you as the surviving joint tenant. You advise she "quitclaimed" to you. What did she quitclaim? Did this terminate the joint tenancy form of title? If it was in joint tenancy at death, she would have nothing to "will" to the children.
As to community claims, property owned before mariage is not community. If they comingled her share by acts converting it to community, in whole or in part, there could be a community element involved.
You really need to obtain the documents relecrteting exactly what happended in the chain of title, and see an estate administration attorney to advise you.
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