Legal Question in Wills and Trusts in California

My brother died without a will in California 4 years ago. His house was in joint tenancy with his wife. They had no children. Upon his death the house was hers without going through probate. She recently died without a will and I want to know if the part of the house that was my brother's is considered to be the real property referenced in CA Code 6402.5:

For purposes of distributing real property under this

section if the decedent had a predeceased spouse who died not more

than 15 years before the decedent and there is no surviving spouse or

issue of the decedent, the portion of the decedent's estate

attributable to the decedent's predeceased spouse passes as follows...


Asked on 4/30/10, 9:46 am

1 Answer from Attorneys
Steven Murray Steven W. Murray, APC

If the property was their community property but was held in joint tenancy and she became the suriving owner, it appears that the answer is yes pursuant to Probate Code Sec. 6402.5(f)(3).

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Answered on 5/05/10, 10:37 am


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