Did you forget someone

[Trazhooks]

What is the name of your state?

 

[Trazhooks]

What is the name of your state?

California

 

[Trazhooks]

My mother in law died several years ago without a will. Then last year my wife died. We were not living together when she died. We never divorced. Now I find out her sister sold the house her mother owned when she died. Is she to notify me and is the real property partly mine.

 

[justalayman]

There is no way to know who owned the mothers house upon her death with the minimal info you have provided. You also don’t state whether your wife had a will either.


You will have to chase what happened with your wife’s estate and the probate of her estate to determine if you were due anything.

 

[Zigner]

No.

 

[justalayman]

No.

Actually, depending on the circumstances, it could possibly be a yes.


I know; inherited property is generally exempt from community property claims. There are situations where it could be converted to community property or at least some appreciated value would be community property.


In the larger sense, it appears the sister may have been acting as executor of either the mothers or the wife’s estate. If it was the wife’s estate, there is likely a requirement the op be notified of the procedure being undertaken so for at least the question of being notified of something, it may be yes.

While it is quite possibly a no regarding the specific issue of the house, I don’t believe such a definite no would be proper as a response.

 

[Zigner]

Actually, depending on the circumstances, it could possibly be a yes.

Actually, I believe that the OP may, in fact, be entitled to monetary compensation. From the description, the OP sister-in-law sold the property that the mother owned. The wife's portion of the proceeds of the sale (if any) would be a part of the wife's estate, and the OP is entitled to his intestate share of his wife's estate. In any case, the OP has no ownership interest in the property itself, nor would he be entitled to notification that the sale took place.


(Better?)

 

[justalayman]

Actually, I believe that the OP may, in fact, be entitled to monetary compensation. From the description, the OP sister-in-law sold the property that the mother owned. The wife's portion of the proceeds of the sale (if any) would be a part of the wife's estate, and the OP is entitled to his intestate share of his wife's estate. In any case, the OP has no ownership interest in the property itself, nor would he be entitled to notification that the sale took place.


(Better?)

Well, given a spouse is entitled to some share of separate property, I believe the op may have been entitled to notice of the intent to dispose of op’s possible interest in the property. A recipient of assets does have a right to object to the actions of an executor. Especially in the case of an asset such a real estate, the selling price would be a valid concern of the heir. I would have to research whether the op would legally be due notice though. It would surely be wise for the executor to have provided notice though and give the op an opportunity to object. If the executor sold the home for less than true value, she could be liable for the amount op didn’t recieve if the property had been sold for true value.

 

[Zigner]

Well, given a spouse is entitled to some share of separate property, I believe the op may have been entitled to notice of the intent to dispose of op’s possible interest in the property. A recipient of assets does have a right to object to the actions of an executor. Especially in the case of an asset such a real estate, the selling price would be a valid concern of the heir. I would have to research whether the op would legally be due notice though. It would surely be wise for the executor to have provided notice though and give the op an opportunity to object. If the executor sold the home for less than true value, she could be liable for the amount op didn’t recieve if the property had been sold for true value.

Fair enough.

 

[LdiJ]

Of course, all that is assuming that the mom actually left part of the house to his wife...or that his wife didn't let her sister have all of it, or that her sister did not previously buy her out, or if she didn't gift her share to her children. There are many ways that the house may not have ended up as part of his wife's estate.

 

[Zigner]

Of course, all that is assuming that the mom actually left part of the house to his wife...or that his wife didn't let her sister have all of it, or that her sister did not previously buy her out, or if she didn't gift her share to her children. There are many ways that the house may not have ended up as part of his wife's estate.

I had that covered

... I believe that the OP may, in fact, be entitled to monetary compensation. ... The wife's portion of the proceeds of the sale (if any) would be a part ...

(emphasis added)

 

[Litigator22]

My mother in law died several years ago without a will. Then last year my wife died. We were not living together when she died. We never divorced. Now I find out her sister sold the house her mother owned when she died. Is she to notify me and is the real property partly mine.

How do you know that your wife's mother died without leaving a will. The only way you could know with any degree of reliable certainty is if you have personally searched and examined the appropriate county records wherein she was living at the time of her death and there discovered that her estate was probated and or somehow summarily administered, distributed and settled as one of intestacy.

And if you had done so and found any such filing, its reasonable to believe that you would have also learned what assets remained in mother's estate and what, if any part thereof would have vested in your wife and/or her issue per intestate succession.

If you have not made any such record search, how do you know that mother-in-law owned anything at the time of her death. Just because the sister may have sold a home once owned by her mother is no evidence that she or your wife inherited any part of it.

It has been suggested that if prior to her death your wife succeeded to a partial ownership in her mother's home that some of it (appreciated value) might have been transmuted from separate to community property with you having a vested 1/2 interest. Although I do not agree that passive appreciation in the value of a spouse's separate or non marital property necessarily converts it to marital or community property your wife if then living may have feared so. And as consequence of the estranged relationship could have easily voided that possibility by renouncing any rights to the home. And possibly with a side agreement to share in the sale price.

Anyway in my opinion the only sound advice you have received comes from justalayman. So get busy and start tracing the two estates. If any such be.