Friday, March 20, 2015

my mother and stepfather owned a house together. my mom died two years ago. My step dad died a month ago. Do I have a legal right to the hou...

Question

my mother and stepfather owned a house together. my mom died two years ago. My step dad died a month ago. Do I have a legal right to the house when his biological daughter is seeking to claim it?



Answer

You have a right to inherit whatever your mother' s will left to you. If she had no will, you have a right to inherit all of her separate property unless she and your stepfather signed a community property agreement. If the house was only your mother's and she paid for it with her separate funds and not community earnings and there is no will or community property agreement, it may be yours and not 1/2 his and 1/2 yours.

WARNING: This is very general as I can't summarize 120 years of law without the specific facts as different facts lead to different results. Don't rely on this summary. A legal opinion must be based on accurate facts and I don't know enough of the actual facts to give you an opinion that is reliable, so don't do anything based on the above, as it may not be correct.



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