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contesting an inheritance

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hlizzieh12

Junior Member
What is the name of your state (only U.S. law)? California
Hello, my mother remarried and put her new husband as ''joint tenant'' on the house, which our dad bought when we were all home. She became terminally ill and told him to put us, her children in the title of the house for when he dies. Though in her last days, she insisted to her children to take the house away from him. Mother died 2months after that, and he is refusing to put us as beneficiaries to the estate. He has a one daughter that he adopted at birth. The question is... Is there any legal way to take the property away from him. Give me some glimmer of hope.What is the name of your state (only U.S. law)?
 


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nextwife

Senior Member
hlizzieh12 said:
What is the name of your state (only U.S. law)? California
Hello, my mother remarried and put her new husband as ''joint tenant'' on the house, which our dad bought when we were all home. She became terminally ill and told him to put us, her children in the title of the house for when he dies. Though in her last days, she insisted to her children to take the house away from him. Mother died 2months after that, and he is refusing to put us as beneficiaries to the estate. He has a one daughter that he adopted at birth. The question is... Is there any legal way to take the property away from him. Give me some glimmer of hope.What is the name of your state (only U.S. law)?
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A Jt. Tenant inherits the deceased jt. tenants interest when they die. They have the right to do whatever they wish with what is THEN their property. The ONLY way stepdad could have been removed as a co-owner, once on the deed was for HIM to deed away his interest. One cannot "take back" a deeded interest once deeded.

The will does not even apply to the homes, as it was held in Jt. Tenancy and passes outside probate.

How long before her death did mom add step dad to title?
 
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Dandy Don

Senior Member
Did she leave a last will and testament that names you as beneficiaries or is there no will at all?

Are there other items in her estate besides the house?

If she did not leave a will, then her husband is entitled to a certain portion of the estate by being a surviving spouse, but her children are also entitled to a portion of the estate after the husband gets his share. If you want to assert your rights to see if you are able to share in a portion of this estate, then you should be consulting with a probate attorney.
 
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nextwife

Senior Member
Dandy Don said:
Did she leave a last will and testament that names you as beneficiaries or is there no will at all?

Are there other items in her estate besides the house?

If she did not leave a will, then her husband is entitled to a certain portion of the estate by being a surviving spouse, but her children are also entitled to a portion of the estate after the husband gets his share. If you want to assert your rights to see if you are able to share in a portion of this estate, then you should be consulting with a probate attorney.
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Except that RE which passes OUTSIDE probate, due to form of ownership, is NOT part of the "estate". A Jt tenant's rights cannot be willed away by the decedant.
 
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