Legal Question in Wills and Trusts in California

my mother died without a will. do i as her child have any legal rights to the house they own free and clear if it is kept or sold

Asked on 8/21/12, 9:36 am

2 Answers from Attorneys

J. Caleb Donner Donner & Donner

I am sorry for your loss.

Your rights will depend on several different things which include but are not limited to the following:

1. How title to the property was held, i.e., was it her sole property, held as tenants in common with someone else, as joint tenants with right of survivorship with someone else?

2. Did your mother have a Trust which would determine how her property passes upon her death?

3. Was your mother married at the time of her death?

4. Did your mother have other children?

I think you need a consultation with a local attorney to discuss your rights and options.

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Answered on 8/21/12, 9:45 am
Anthony Roach Law Office of Anthony A. Roach

Mr. Donner points out some valid issues that need to be addressed before ANY lawyer can properly advise you. These are some of the same questions that I ask client's when they call me or visit me with the same issue.

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Answered on 8/21/12, 11:25 am


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