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Barrister
Barrister, Attorney
Category: Estate Law
Satisfied Customers: 38161
Experience:  16 yrs estate law, real estate. Wills/Trusts/Probate
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My sister recently died and her husband died over five years

Customer Question

My sister recently died and her husband died over five years before her. They owned a house in California. They had no children but both of them have a surviving parent.
Can you please let me know if my brother in law's father has any inheritance rights to the estate?
Submitted: 1 year ago.
Category: Estate Law
Expert:  Barrister replied 1 year ago.

Hello and welcome! My name is ***** ***** I am a licensed attorney who will try my very best to help with your situation or get you to someone who can. There may be a slight delay in my responses as I research statutes or ordinances and type out an answer or reply, but rest assured, I am working on your question.

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Did brother in law pass with a will in place?

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Did sister have a will?

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Did they own all their assets as community assets or did they have separate property assets in each of their names only?

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thanks

Barrister

Customer: replied 1 year ago.
They both died without a will. They did not have any separate property assets. The only owned their home which they bought together. My sister husband was not working at the time of his death and had cashed in all of his 401k and IRA accounts.
Expert:  Barrister replied 1 year ago.

Ok, if everything they owned was jointly owned, then when husband died, his interest in any property would have automatically transferred to the wife. This would make her the sole owner without having to do anything further. When wife/your sister passed, then everything would be in her estate and would go first to any children, and since there are none, everything would then go up to her parent.

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So in this situation, sister's parent would inherit everything and the husband's family would not legally have a claim under CA intestacy laws. (CA Probate Code 6400-6417)

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thanks

Barrister

Customer: replied 1 year ago.
on California' Petition for Probate form DE-111 number 7b (1) asks the following-
died not more than 15 years before decedent and who owned an interest in real property that passed to decedent.
I am wondering if I need to check this box if the real property they owned was their home they purchased together.
Expert:  Barrister replied 1 year ago.

Yes, that refers to jointly owned real estate that would automatically pass to the surviving spouse.. Then you check (d) because it is the next of kin of the decedent (i.e. the parent) who survived her.

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If you feel your original question and any related follow ups have been answered, I would very much appreciate a positive rating on the answer I have provided so I receive credit for my work. If you have a new question the JustAnswer folks require that you start a new question page, but you can request me by putting "For Barrister" in the caption and they will get it to me.

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thanks

Barrister