Legal Question in Wills and Trusts in California

My aunt is 83 years old and her health is failing fast. My brother and I are her only living relatives. She has not spoken to my brother in over 5 years, and says she is leaving everything to me. If her house has my fathers name on the deed as the second party and he is dead- will the house be left to his living wife?


Asked on 5/17/10, 2:51 pm

3 Answers from Attorneys

Hate to tell you but it depends. First question is how was title held between your father and aunt. Title could be solely in your aunt following your fathers death. Or, it could be in both their names which might actually require two separate probates.

You should get a copy of the deed and have an attorney reviews it

Caleb

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Answered on 5/22/10, 3:14 pm
Anthony Roach Law Office of Anthony A. Roach

You need to gather relevant documents and speak to a probate attorney. I have no idea what you mean when you say that your father's name is on the deed as the second party. Was the property held as joint tenants by your aunt and your father? Are they tenants in common? You should provide a copy of the deed, because if it was held in joint tenancy, your aunt became sole owner of that real property by reason of your father's death.

I also cannot tell whose estate you are concerned about, your aunt's or your father's. They are two separate estates, and have many issues that will require detailed facts from you to analyze.

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Answered on 5/22/10, 3:17 pm
Ken Koenen, LLM Law Office of Ken Koenen

I agree with the information provided by the other attorneys. You really need to have your aunt take some action to assure that what she says she wants to happen actually happens.

Once she is gone, the problem goes to the courts.

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Answered on 5/22/10, 4:36 pm


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