Legal Question in Wills and Trusts in California
my husband died jan,17,2018 his daughter has filed a probate against our home ive live with my huband for 14 years can she take my home?
3 Answers from Attorneys
I am so sorry to hear about your loss.
There isn't enough information here to answer your question. You would have rights to your share of the community property, of course. Much would also depend on whether your husband had a will, whether you and your husband had a trust, whether you had put money into the home, and possibly other factors.
I strongly suggest that you take a copy of the probate petition and any other important documents an attorney for a review, so that you can learn about your rights in confidence and determine a strategy to make sure you get what is yours.
You do not want to discuss your situation in a public forum like this, if only to make sure that your advice is confidential.
Charles R. Perry
California State Bar No. 124828
You need to meet with an attorney to go over all of the facts. I offer free consultations. Did your husband own the property before you were married? Did your husband have a Will? You may have Superior rights not only as to the property, but also to act as Administrator/Executor of the Estate. Please talk to a Probate attorney immediately!
Sorry for your loss, and for this tough time you are going through. If there is no will or trust, you are entitled to the community property and a portion of the separate property. The daughter is also entitled to a portion of the separate property. It is important that you speak with a probate attorney right away, not only so you can find out your rights, but so you can make the appropriate court filings in the probate action.
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