What rights do I have tomy mother’s estate?
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What rights do I have tomy mother’s estate?
My mother was building a house but before it was finished she died. Her husband, not my father, remarried. He then died. What right do I have to the house There is no Will that I know of. This all occurred in a community property state.
Asked on September 26, 2012 under Estate Planning, California
Answers:
S.L,. Member, California Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
Sorry to hear about your mother and your stepfather.
Since your mother died without a Will, the rules of intestate succession determine inheritance. Intestate means dying without a Will.
Under intestate succession, your stepfather's surviving spouse would inherit the entire estate including the house. If there had not been a surviving spouse, you would have inherited the house (entire estate). If there had not been a surviving spouse, if you have any siblings, you and your siblings would have inherited equal shares of the estate (equal interests in the house).
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