Legal Question in Wills and Trusts in California

I live in the house I inherited from my dad with my stepmom. He had no will but the house has been in my name for years. Her children are moving her closer to them due to health issues. There's a dispute over some of the furnishings. A number of things were his before they married some were his mothers and some are gifts from my brother and I. A number of things were promised to me by both of them before his death and she said she was giving me things after he died. Her son found out what I was keeping and has now talked her into trying to take everything. What are my rights regarding the contents of the house?


Asked on 6/21/16, 2:33 pm

1 Answer from Attorneys

Michele Cusack Pollak & Cusack

If your dad didn't have a will then the tangible personal property they acquired during the marriage is most likely community property and would belong to your stepmother as surviving spouse. You and your brother may be able to claim 1/2 of the assets your father owned before the marriage, and of gifts made to him only.

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Answered on 7/13/16, 6:25 pm


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