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Will my mom's will create problems for the home after she passes away?

Will my mom's will create problems for the home after she passes away?

Q: Can my father leave all assets to my stepmother?

Yes, your father can leave all his assets to your stepmother if he has a valid will that specifies this. However, if he dies without a will, state intestacy laws will determine how the assets are distributed, which may not favor the stepmother if there are biological children or other relatives.

Q: How long can a deceased person's name stay on a house deed?

A deceased person's name can remain on a house deed until the estate is settled and the property is transferred to the rightful heirs. It's advisable to update the deed to reflect the current ownership to avoid complications in the future. Consult a legal professional for guidance on this process.

Q: Do I have to take my deceased husband's name off the deed?

Yes, it is generally advisable to remove your deceased husband's name from the deed to clarify ownership and avoid potential legal issues. This process typically involves filing a death certificate and possibly a new deed with the appropriate authorities. Consulting an attorney can help ensure this is done correctly.

Full question:

My mom and my dad were married for 27 years. When they bought their home, my dad was the only one on the grant deed. My father passed away 30 years ago and my mom has done nothing about it. Will we have problems if she passes away? She has a will giving her siblings all rights to the home and she has my dad's death certificate

Category: Wills and Estates
Subcategory: Probate
Date: 04/07/2025
State: California

Answer:

The situation depends on whether your father had a will. If he did not, his children would inherit part of his estate according to state intestacy laws. This could lead to complications if your mother tries to transfer the entire property to her siblings in her will, as she may not legally own the entire property. The children would need to transfer their shares to her first.

In California, the intestate share for a surviving spouse varies based on the presence of children or other relatives. For example, if there are no surviving children, the spouse may inherit the entire estate. If there are children, the spouse may inherit a portion, depending on the number of children and other heirs (see Cal. Prob. Code § 6).

We recommend consulting a local attorney to review the specific facts and documents involved.

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

What happens if my husband dies and the house is in both our names?

If your husband dies and the house is in both your names, you typically retain full ownership of the property, depending on how the title is held. If it's joint tenancy, you automatically inherit his share. However, if the title is held as tenants in common, his share would pass according to his will or state intestacy laws. It's advisable to consult an attorney to understand your specific situation and rights.

When my dad dies does his wife get everything?

Whether your dad's wife gets everything depends on the presence of a will and the state's intestacy laws. If he had a will, the assets would be distributed according to its terms. If he died without a will, state laws dictate how the estate is divided. Generally, a surviving spouse may inherit a portion, especially if there are children involved.

Can my father leave all assets to my stepmother?

Who inherits a house if the surviving spouse is not on the deed?

If the surviving spouse is not on the deed, inheritance depends on whether the deceased had a will. If there is a will, the house will be distributed according to its terms. If there is no will, state intestacy laws apply, and the spouse may inherit a portion of the estate, while children or other relatives may inherit the rest.

How long can a deceased person's name stay on a house deed?

Do I have to take my deceased husband's name off the deed?

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