Legal Question in Wills and Trusts in California

My father died in 2010 in California. At that time he had $500K in retirement accounts. My stepmother and her adult daughter (adopted by my father in 1970) remained in their home. Now my stepmother passed away, her daughter still living in my Dad's home for free with her extended family. No will, but she says the property is in her Mom's name, therefore it is hers since she is the only blood relative. I believe I would need to be a beneficiary on his retirement accounts to receive any of that, but am I entitled to 1/2 his property? I am my Father's only surviving blood relative.

Asked on 3/12/19, 1:35 pm

1 Answer from Attorneys

Aaron Feldman Feldman Law Group

Unfortunately, you are not "entitled" to inherit anything from anyone. Unless your Dad had a Will naming you, you are not going to automatically inherit anything. Furthermore, if your Dad put the home into joint tenancy, then it would pass to his wife outside of Probate regardless of what his Will says. You may want to investigate how title was held for the property but this looks like a real tough situation for you. I am very sorry my inital thoughts are not more prmising. I advise you to meet with a lawyer and gather more information.

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Answered on 3/12/19, 1:47 pm

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