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Barrister
Barrister, Attorney
Category: Estate Law
Satisfied Customers: 34272
Experience:  16 yrs estate law, real estate. Wills/Trusts/Probate
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Father passed away in june of last year. He remarried 20 years

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Father passed away in june of last year. He remarried 20 years ago. Or my sister and I entitled to anything related to the house. Wich is being sold by my step mom. Or we entitled to any of his retirement. House is located in richmond ,contra costa county ,california.
Hello and welcome! My name is XXXXX XXXXX I will try my level best to help with your situation or get you to someone who can.
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Do you know if he owned the house along with his wife?
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Did they purchase it while they were married?
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Thanks
Barrister
Customer: replied 3 years ago.

They bought the house together in 1987. I was told they were joint tenants. She filed for some paper work from the courts wich now show her as legal owner. By survivor ship. I talked with a title company, that gave me this info. What about his retirement. HIs job. armed services and social security. thanks

I was told they were joint tenants.
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Ok, this means that she became sole owner of the house when he passed. So as it stands now, she is the full legal owner of the house.
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What about his retirement. HIs job. armed services and social security.
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As for his retirement, if he was receiving a pension or had 401K or IRA plans, then those plans would have a named beneficiary, much like a life insurance policy. Presumably the beneficiary would have been his wife. If not, then the proceeds would be paid to whoever the beneficiary was that was named on the accounts. If someone has filed a petition to open a probate case to settle his estate and be named executor, then you could contact that person to see if there were any assets in his estate that were left to you and sister.
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But if he was receiving Social Security, then unless you are a minor then you wouldn't receive any survivor's benefits.
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I am sorry that I don’t have better news, but please understand that I do have an ethical and professional obligation to provide customers with legally correct answers, even when an answer is not favorable to the customer.


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Thanks
Barrister
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