If my father was married to a women for 20 years and died but his home was in his children’s names, does she have any rights to his estate?
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If my father was married to a women for 20 years and died but his home was in his children’s names, does she have any rights to his estate?
Asked on February 19, 2012 under Estate Planning, California
Answers:
Hong Shen / Roberts Law Group
Answered 12 years ago | Contributor
There are too little information for anyone to answer this question. Before it can be answered, several things must be determined: (1) whether this house was his separate property or personal property; (2) how did they transferred the house to the children's names; (3) did she know the house was transferred and whether she consented to it by writing' (4) when the house was purchased and whether there was a mortgage before he married her, and if so, how the mortgage was paid. There are other thigns to be determined as well.
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