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RayAnswers
RayAnswers, Attorney
Category: Estate Law
Satisfied Customers: 42860
Experience:  Texas lawyer for 30 years in Estate law
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I have a California real estate/ family death / inheritance

Customer Question

Hi,
JA: Hello. How can I help?
Customer: I have a California real estate/ family death / inheritance question can you help
JA: Because real estate law varies from place to place, can you tell me what state this is in?
Customer: California
JA: Has anything been filed or reported?
Customer: Not sure, give me a few minutes to send you the basics
JA: Anything else you want the lawyer to know before I connect you?
Customer: My mother married our step Dad in 1998, they were married for 14 years before my mom passed away in 2012, my step Dad "Dean" had two kids from his first marriage and I'm one of three daughters my mom has from her first marriage, our Mom did not have a will at the time of her death, Dean passed away a year and a half ago, my mom and Dean purchased two homes while they were married, one to live in the other to rent out and provide a little extra income, when Dean passed away his kids decided to rent out the properties until they decided what to do, I just found out they sold one of the homes, they did not tell us, the sale took place in May of this year, are my sisters and I entitled to any of the proceeds from this sale or rental incomes from the homes since our mom and Dean passed
Submitted: 2 months ago.
Category: Estate Law
Expert:  RayAnswers replied 2 months ago.

Hi and welcome to JA. Ray here to help you today.Please bear with me a few moments while I review your question, conduct and prepare your response.

Customer: replied 2 months ago.
Thank you
Expert:  RayAnswers replied 2 months ago.

You may well be.Your first step here is to check with the Superior Court Clerk in your county to see if there was probate for your mom or dean.There is an inventory of assets on file with the court for one or both.Then I would visit the county tax assessor and see whose name property was listed.You may well have rights here if they were jointly titled.You also need to see of probate was opened for mom or step dad and where that is at.

If there is no probate you need a California locally to open probate for your mother and claim her shares.But doing a little sleuthing, getting copies of what you find is the next step.

I appreciate the chance to help you today.

If you can positive rate 5 stars it is much appreciated.

Customer: replied 2 months ago.
I know as soon as my mom passed away Deans family helped him put the properties in the name of his family's trust, prior to that my mom and dean held the property as joint ownership
Customer: replied 2 months ago.
Ray, Did you read my last entry? I have also found out that probate has not been opened for either my Mom or Step DAd any time during the years of 2012 to 2017, the property held jointly between my mom and step dad, upon my moms death my step dads family helped him move the home they jointly owned to his familys trust, excluding my sisters and I, I have been able to pull the sales records on the property (I'm a realtor) and have access to title property profiles, do we have any recourse here?
Expert:  RayAnswers replied 2 months ago.

Well here it depends if the property was titled to the trust, then it passes to beneficiaries.That would make sense as to how they are able to sell it and leave you out of it all here.You have recourse only if she did not sign the deeds into the trust if she went along with this then the trust passes outside probate to named beneficiaries.Mom here didn't do you any favors if she allowed them to go into a trust and you weren't named a beneficiary here.