Estate Law
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If a California resident dies without a will or trust (or their will does not dispose of all of their assets)- they die "intestate" and the laws of intestate succession are used to determine who will inherit the estate.
Determining the heirs of the estate involves answering a series of questions about the person who died.
You stated, "said house was in my mom and dads name from when they were married and did not go into step dads name till months after her death."
I don't know how he transferred her house into his name - he didn't have the power nor authority to do such. That was an illegal transfer which you can void.
You are going to have to initiate probate and have that deed voided and the property transferred into your and your siblings names.
I would give serious thought to retaining an attorney and pursuing the matter against your step-father.
I don't think that the step-father may have any claim whatsoever to the home.
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If a California resident dies without a will or trust (or their will does not dispose of all of their assets)- they die "intestate" and the laws of intestate succession are used to determine who will inherit the estate.
Determining the heirs of the estate involves answering a series of questions about the person who died.
1. The first question is whether the decedent (the person who died) was married.
A. If the decedent was not married, the estate is distributed as follows:
1. To the decedent's children, who take in equal shares if they are in the same generation.
2. If there are no children or other issue (issue is the legal term for children, grandchildren, great-grandchildren, etc.) living, the estate goes to the decedent's parents.
3. If there are no parents living, the estate is distributed to the "issue of the parents." If the decedent had brothers or sisters, they will inherit the estate. If there are deceased brothers and sisters, and they had issue, the issue will inherit the share of the estate that the deceased brother or sister would have inherited.
4. If there are no brothers or sisters, the decedent's grandparents will inherit the estate.
5. If there are no living grandparents, then the "issue of the grandparents" will inherit the estate. This could include the decedent's aunts and uncles, or if there aren't any aunts and uncles, the decedent's cousins. Generally, the oldest generation that has surviving issue will inherit, but if there are deceased issue in that generation, their issue will inherit their share.
6. If there are no cousins, Probate Code section 6402 provides that the estate will be distributed to "next of kin in equal degree," generally meaning more distant cousins.
B. If the decedent was married, the first question is whether the decedent owned community property, separate property, or a combination of the two. Community property is generally defined as the assets acquired during marriage from earnings or salary. Separate property is generally defined as assets brought into the marriage when the decedent got married, inheritances to the decedent, or gifts to the decedent. However, California case law provides many exceptions to these definitions, and assets can change from community to separate property, or from separate to community, by combining assets, by improving separate property with community property, or by written agreement of the spouses, for example.
1. The decedent's community property goes to the surviving spouse, who may have to file a spousal property petition to establish ownership.
2. The decedent's separate property is distributed as follows:
a. The surviving spouse receives all of the separate property if the decedent is not survived by issue, parents, brothers, sisters, or children of a deceased brother or sister.
b. The surviving spouse receives one-half of the separate property if the decedent had only one child, or issue of a deceased child.
c. The surviving spouse receives one-half of the separate property if the decedent left no issue, but left parent(s) or their issue.
d. The surviving spouse receives only one-third of the separate property if the decedent left more than one child.
e. The surviving spouse receives only one-third of the separate property if the decedent left one child and the issue of one or more deceased children.
f. The surviving spouse receives only one-third of the separate property if the decedent left the issue of two or more deceased children.
[http://www.ca-trusts.com/intestate.html]
You stated, "said house was in my mom and dads name from when they were married and did not go into step dads name till months after her death."
I don't know how he transferred her house into his name - he didn't have the power nor authority to do such. That was an illegal transfer which you can void.
You are going to have to initiate probate and have that deed voided and the property transferred into your and your siblings names.
I would give serious thought to retaining an attorney and pursuing the matter against your step-father.
I don't think that the step-father may have any claim whatsoever to the home.
Rating REQUIRED: Please don't forget to rate my answer 3 or higher so that I receive credit for assisting you today. Need more help? Reply below with more questions.
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