lawconfused
Junior Member
What is the name of your state? CALIFORNIA
This issue concerns my best friend's 3 children, all are age 18. My best friend passed away almost 1 year ago from breast cancer. Though she knew she was terminal she refused to accept it and she failed to make out a will regarding distribution of her personal and real property.
I'll start with the home that was purchased by my best friend and her husband during the course of their 7 year marriage. Her parents who are still alive lent them $27,000.00 to make purchasing the home possible. There is a substantial amount of equity in the home of which 50% was hers defined as community property, California law. What happens with her 50% when she failed to designate her interest to neither him or her girls, her children her priority? He continually says "it's ALL his" to these poor girls who have lost both of their bio parents. Their biological father committed suicide about 6 years ago.
I will add that just before her death the survivng spouse, their step-father had convinced all of them to allow him legal adoption of all the girls just shy of their 18th birthdays?? Was this a move of manipulation and how does this affect their rights, if at all? The four of them still live in the residence, though he is talking of selling it and moving out of state. My friends dying wishes to him was that, as their "father", that he raise and protect them until they graduate from High School and can do for themselves.
Now that they are 18 is he entitiled to 100% of the equity in the home with her not having made up a will? Does someone need to file probate? How do California probate laws handle succession of common law property? In layman's terms please! Trust me I went to the FindLaw site that "explains" succession but I'll be d@#$ed if I understood a second of what I read!
The situation also involves personal property of their mother's and deceased father (family heirlooms) aquired prior to the marriage of her now surviving spouse (the girl's adoptive step-father). This man was married to my friend for only 7 years but feels he is entitled to all of it so, and repeatedly tells the girls so. How can they avoid having the step-father walk away with property that their mother profoundly expressed should go to them! These items are without doubt theirs and were NOT aquired during the marriage. He has already thrown away and given away objects to strangers that should have been given to family or friends. He is not abiding by her wishes at all, which were heard/told/witnessed by myself in his presence on many occassions as well as by many of her close friends. His vow to her to take care off these children, until they graduate from high school (June 07) as if they were his own (afterall thats why he adopted them) and instead is verbally and psychologically abusive to these children with his threats since their mothers passing.
What can be done to see that my friends children are not victimized any further, both financially and emotionally. Also do the grandparents have any legal rights to recouping the $27.000.00 loan used as a downpayment on the residence in question?
Thanks in advance. If you have further questions please just ask.
This issue concerns my best friend's 3 children, all are age 18. My best friend passed away almost 1 year ago from breast cancer. Though she knew she was terminal she refused to accept it and she failed to make out a will regarding distribution of her personal and real property.
I'll start with the home that was purchased by my best friend and her husband during the course of their 7 year marriage. Her parents who are still alive lent them $27,000.00 to make purchasing the home possible. There is a substantial amount of equity in the home of which 50% was hers defined as community property, California law. What happens with her 50% when she failed to designate her interest to neither him or her girls, her children her priority? He continually says "it's ALL his" to these poor girls who have lost both of their bio parents. Their biological father committed suicide about 6 years ago.
I will add that just before her death the survivng spouse, their step-father had convinced all of them to allow him legal adoption of all the girls just shy of their 18th birthdays?? Was this a move of manipulation and how does this affect their rights, if at all? The four of them still live in the residence, though he is talking of selling it and moving out of state. My friends dying wishes to him was that, as their "father", that he raise and protect them until they graduate from High School and can do for themselves.
Now that they are 18 is he entitiled to 100% of the equity in the home with her not having made up a will? Does someone need to file probate? How do California probate laws handle succession of common law property? In layman's terms please! Trust me I went to the FindLaw site that "explains" succession but I'll be d@#$ed if I understood a second of what I read!
The situation also involves personal property of their mother's and deceased father (family heirlooms) aquired prior to the marriage of her now surviving spouse (the girl's adoptive step-father). This man was married to my friend for only 7 years but feels he is entitled to all of it so, and repeatedly tells the girls so. How can they avoid having the step-father walk away with property that their mother profoundly expressed should go to them! These items are without doubt theirs and were NOT aquired during the marriage. He has already thrown away and given away objects to strangers that should have been given to family or friends. He is not abiding by her wishes at all, which were heard/told/witnessed by myself in his presence on many occassions as well as by many of her close friends. His vow to her to take care off these children, until they graduate from high school (June 07) as if they were his own (afterall thats why he adopted them) and instead is verbally and psychologically abusive to these children with his threats since their mothers passing.
What can be done to see that my friends children are not victimized any further, both financially and emotionally. Also do the grandparents have any legal rights to recouping the $27.000.00 loan used as a downpayment on the residence in question?
Thanks in advance. If you have further questions please just ask.