Whats the law

[newbeeneedshelp]

What is the name of your state (only U.S. law)? Calif.
My mother died 12 years ago and my father remarried 8 years ago and his wife passed away a couple weeks back. Since then her father has filed in probate for the house i grew up in. Looking to see what the law might be if i should file in probate court. She had no will

 

[anteater]

One does not file "in probate for [a] house." One files to open probate to handle all the deceased's assets and liabilities.

Where is your father in this situation?

 

[newbeeneedshelp]

Father

Father pasted away two years ago and his new wife lived there till she passed early this month with no will. All t there is, is the house and her father entered it into probate

 

[anteater]

Father pasted away two years ago and his new wife lived there till she passed early this month with no will. All t there is, is the house and her father entered it into probate

Let's cut to the chase. Who owns the house right now? How does the title read exactly? (No guessing. Get a copy of the deed.)

 

[newbeeneedshelp]

House is only in her name

 

[anteater]

House is only in her name

Then, what is it that you hope to accomplish? If she owned the property and she had no will, then it will be distributed in accord with California's intestate succession statutes.

Unless she adopted you, I don't see that you have any claim to the property.

 

[newbeeneedshelp]

oh my just a little attitude, sorry if i bothered you but i keep getting people that keep coming to the door or calling me to be investigators for me thru probate

 

[Dandy Don]

Ownership of the home depends on how it is titled. It is possible that since probate may not have been done on your father's estate, that probate needs to be done now on his wife's estate. What is the value of the home? Wife is entitled to a certain portion of the estate, and children get what is left after that. If you don't have that information and if you think you are entitled to something from this house, then you need to hire a probate attorney to look into this for you.