Mother died boyfriend resides in the home
My mother past away and she owned a home with her boyfriend of 10+ years in California. Are my siblings and I entilted to any of her home and other assests?
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Read More Answered By: Laurence Haines |
Re: Mother died boyfriend resides in the home It depends on how the title of the house was held.
If it was held in "joint tenancy", then at the time of your mother's death, all of the house became the boyfriend's.
If it was held in "tenants in common", then presumably 1/2 of the house becomes part of your mother's estate.
All other property owned by your mother at the time of her death, unless held in "joint tenancy" with another person [such as a car, boat or other items with a 'title'], also becomes part of your mother's estate.
If your mother left a will or a trust, then that document outlines who gets what.
If your mother died without any will or trust, then there is a statutory scheme California will follow [the boyfriend gets nothing under the law from her estate if she had no will or trust].
Either way, someone needs to open a "probate" action with the court to sort it all out.
YOU NEED TO SECURE THE HELP OF A PROBATE ATTORNEY IMMEDIATELY. That attorney will be able to advise you as to the status of your mother's estate and where her property goes.
Good Luck. |
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