If 20 years ago my brother and I inherited a house and its contents jointly from our mother but something were to now happen to him, would his share of the house go to his wife?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
If 20 years ago my brother and I inherited a house and its contents jointly from our mother but something were to now happen to him, would his share of the house go to his wife?
He was married 3 years ago and now has 1 child. I am single. How does his status affect his portion of the house?
Asked on August 25, 2015 under Estate Planning, California
Answers:
S.L,. Member, California Bar / FreeAdvice Contributing Attorney
Answered 9 years ago | Contributor
Since you and your brother inherited the house and its contents jointly, both of you are joint tenants with right of survivorship which means upon your brother's death, you inherit his share of the house and its contents. His wife has no claim.
In addition to the joint tenancy with right of survivorship issue, your brother's wife would not have a claim for the following additional reason An inheritance is separate property whether it occurred before marriage or during marriage, and a spouse has no claim to the other spouse's separate property.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.