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RayAnswers
RayAnswers, Attorney
Category: Estate Law
Satisfied Customers: 37055
Experience:  Texas lawyer for 30 years in Estate law
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We bought a condo over 20 yeats ago in both our names. we were

Customer Question

we bought a condo over 20 yeats ago in both our names. we were not married. we got married dec. 2014. my husband passes away april 20 the 2015. there is no will. can he his son from his first marriage try to take the condo away from me?
Submitted: 1 year ago.
Category: Estate Law
Expert:  RayAnswers replied 1 year ago.
Hi and welcome to JA. I am Ray and will be the expert helping you today.
Here it is in both your names.You have a half interest here by marriage.The other half is there was no right of survivorhsip passes under the laws of intestacy.
Here if this was bought premarriage his share is separate property not community...
In your case since there is one child you get your half, half of his half so 3/4 total and 1/4 to the single child..
Laws of intestacy..
http://www.lyster.com/estates/post_mortem_probate/intestacy_chart.htm
You will have to buy out the 1/4 interest unless the child will quit claim it to you during probate.
The problem is you bought house as s single people if you were married you would take all community under intestacy laws above.
You may want to consider a lawyer here to apply for probate and handle buying out the share or maybe child signs it over to you .
But you have to account for his 1/4 share in probate here.I wish I could tell you the law.But him not having a will punishes you under California law since it was premarital purchase.
I appreciate the chance to help you today.Please let me know if you have more follow up.I know this can all be kind of overwhelming.
You can locate a lawyer here through the state bar..
http://www.calbar.ca.gov/Public/LawyerReferralServicesLRS.aspx
Customer: replied 1 year ago.
the deed has us as joint tenants. .Does that make a difference?.
Expert:  RayAnswers replied 1 year ago.
No unless there was a right of survivorship.If there was then you take it by deed.So check the deed it must expressly say joint tenants with right of survivorship.Again if that is the case you go and claim it in real property records in your county.
http://homeguides.sfgate.com/pros-cons-joint-tenants-rights-survivorship-2723.html
In that case here is the affidavit you file
http://www.saclaw.org/Uploads/files/forms/AffidavitDeathJointTenant.pdf
I hope your deed references a right of survivorship here.
Thanks for the follow up.
Expert:  RayAnswers replied 1 year ago.
Sample survivorship deed--yours would look similar with similar language..
https://www.lawdepot.com/contracts/survivorship-deed-forms/
You will get a copy of our chat here for your records including the references when you positive rate--thanks again for letting me help you here.

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