Legal Question in Wills and Trusts in California
sole and separate property
In the state of california, what does this mean? My mother has just passed away. She use to live in utah, sold her home there, and bought a home in victorville, California. My sister moved in with her, and the deed has her name on it also. My mom told me when she was alive that my sister would get the house, and I the C.D''s.But now my sister says she gets everything and I nothing. I asked about the will, but she says she doesn't have to provide nothing. We're not fighting, but I would like to know what my legal rights are. Thank You.
2 Answers from Attorneys
Re: sole and separate property
Sole and separate property means that it belongs to the owner and his/her spouse has no ownership in it.
As for your legal rights, they depend on how your sister got her name on the property (including the CD's)--she may not have to provide you with anything, but if she used fraud or undue influence to do so, or her actions constituted financial elder abuse, then you may have a right to some of the assets.
Re: sole and separate property
Your sister only needs to probate the will if there are things that she needs a court order to transfer the property. For example, if her name was not on the house, she would have to probate a will but since she was a joint tenant, she does not.
You can sue your sister and possibly find out the answers at a deposition but short of that, you may never know.
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