Legal Question in Wills and Trusts in California
My husband died without a will in calif . He had a house before we were married. He didn't add my name to the title before he died. I lived with him for several years before we married, and my paycheck was automatically deposited to a joint account from which all the bills were paid including the mortgage. This continued to go on after we were married up until he died. I have continued the payments for 2 years now so that the house doesn't go into foreclosure.
1. Is it considered quasi community property?
2. Will it take a court hearing to establish that fact?
His estranged mother of thirty years has just demanded half of everything.
3. Can she do that?
3 Answers from Attorneys
You need to meet with a probate lawyer for specific assistance. A public forum can only provide you general guidance.
It sounds like you may have a community property interest in the property, based on upon the fact that part of your salary during your marriage went to pay the mortgage. Because you also had an interest in the house, you also have a right to a share of your husband's separate property interest.
You need to straighten this all out in a probate proceeding. This is particularly true since (a) you need to get title to the house changed, and you can't do that without probate; and (b) you need to resolve the matters with your late husband's mother.
I strongly advise you not to conduct a contested proceeding on your own. Please consult with counsel and have him or her guide you through this. Note also that one likely result of all this is that house will be sold, so that your interest can be separated from that of your husband's other heirs.
You need to file for probate and have the property (assuming the estate is with more than 150,000) distributed through the probate process. You will have an opportunity to either get part of the property or reimbursement.. Mother can be a beneficiary but there would have to be no children.
You should hire a probate attorney to walk you through this process.
I agree with my colleagues. You will need to file probate and have the matter decided judicially.
Please feel free to call me to discuss further. I can be reached at (925) 362-1725.
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