Estate Law Questions? Ask an Estate Lawyer.
Hi and welcome to JA. Ray here to help you tonight.
I am so sorry for your loss of loved one.Can you tell me if he bought this premarriage or they purchased it during marriage.Some more information here so I may assist you.
Was this something his family owned , and it was in a family trust prior to marriage??
If this was a joint trust owned title to the house then the trust owns the house.So it passes under the terms of the trust.I would demand a copy of the trust to verify this, you never know the trust may not own it.You may also want to check tax records to see if it is listed under the trust.Unless there was a deed here transferirng it from them to the trust then trust doesn't own it and is passes through probate by will or laws of intestacy.
Call or email and ask who current owner is and give them address..
E-mail your question to: *****@******.*** or call(###) ###-####/strong>
You can also check for the deed here to see who legal owner is.
If it turns out he owns it here rather than the trust you may well have legal claim to his half of community property here.
Then you will need a lawyer to open probate and assert your claim.
I appreciate the chance to help you tonight.Please let me know if you have more followup.Thanks again.
I don't see her being able to be successful in such a contest..And if necessary you might well cut off payments if there is pending litigation involved.
See what you find out about title and if you can get a copy of the trust.
Then I am not sure she has an interest here.The trust may control who inherits it.Unless a court determines otherwise the presumption is trust owns it.But check the deed here and tax rolls to see if it is titled in trust name or both of them.The real issue here is that this was a trust created during marriage she has a marital interest here since it involved marital funds during marriage.