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CA House Willed to Only Child... Surviving Spouse Claim?

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calicode

Junior Member
What is the name of your state? CALIFORNIA

House is Seperate Property acquired before marriage (deed in deceased name only).
House Payments made out of Joint Accounts during 5 year marriage.
House Willed to only child (adult).

This is the only Probate Asset and Probate is being filed in pro per.
How does Distribution process work in pro per?
Would courts award a portion of the house to Surviving Spouse because of CA Community Property Laws?
Do Surviving Spouse and Child come to agreement between themelves and present to court... or does court make a judgement? What is considered "usual" in this situation?

Thank you for your time and experience.
 


tecate

Member
The issue is whether the decedent did anything during the marriage to transmute the home from separate to community, partially or wholly. Divorcing couples deal with this problem frequently. Using community property to pay off part of the loan has many possible outcomes, including a blended title, a debt to the community, or a gift to the decedent, depending on the facts. The surviving spouse may have other evidence. You might look for prior California posts in the family law section for more insight.

The procedure should be the same, whether pro per or represented by counsel.

The executor will declare the state of title in the inventory, and again in the petition for distribution. The child can object to the petition if he or she doesn't like the executor's position. The surviving spouse can file a spousal property petition for her half of the community if she doesn't like the executor's position. Child and stepmother can reach a settlement, which is the usual outcome, or litigate.

Good luck.
 
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