California Probate Law- Who does the estate go to?!?

My daughter's (who is 2) father passed away a few weeks ago and there was no will filled out. He was co-owner of a house in California with his sister. Now that he died she is claiming that his half of the property belongs to her! Is this true or does his estate go to his daughter? I am confused? Im not sure if his sister is just greedy or if that is the reality of things...

If he owned the house with his sister as "joint tenants with rights of survivorship", the house automatically passed to the sister upon his death. All she has to do is file an "affidavit - death of joint tenant".

If he owned the house as "tenant in common" with his sister, then his half of the house goes to his heirs. If he died without a will and he was not married, his heirs are 1) his children, 2) his parents if there were no children, 3) his sister if there are no children or parents.

See a lawyer.

Did you live with him as a common law wife for at least 6 months to 1 yr (check legal requirements)?
Did you receive mail at that address ,and do you have proof you did?
Did he acknowledge you and him had the child together?
You are entitled to the other half If you answered yes to most of the above questions .
Remember, you are taking care of his & your child, and the law will be on your side unless you are deemed an unfit mother.
Please contact a lawyer ASAP, and if you don't have cash go and seek a single mothers group, or a womens right's group ASAP

Tags

　　Insurance Law 　　Immigration Law 　　Health Care Law 　　General Civil Litigation 　　Family Law 　　Estates Law 　　Environmental Law 　　Entertainment Law 　　Employment Law 　　Elder Law 　　Education Law

Related information

Can you put a claim against an estate in Canada?

No. You sue the person who owes you the money. If you win your case and get a judgment, then you can garnish their income. If you expect them to have income from an inheritance then you'd ...

Executor of the estate car title question?

You say the LOAN was only in her name. Then somehow her husband's name appeared on the title. The title would not have changed just because the loan was paid off. Here's the thing ...

Real Estate Fraud - How do we know how much to ask for?

Usually the land that a house is on is more valuable than the house. That is particularly true with townhomes. I think you should get an attorney to represent you. You would appear to have signi...

Real Estate Law in New Mexico... Joint Tenants, please read details?

That's a good question, and most people have it completely wrong; just as you do. Every citizen in this country has a right to own property AND sell or dispose of property as they see fit. (As...

My dad died and left everything to me in his will. Do I list these things (house and car) on the estate?

Everything your father owned must be probated. That means add up the value of everything, furniture, dishes, car, etc. Next run an add saying anyone having a claim against your fathers estate m...

Do you have a will? If so, have you planned your estate as to who gets what?

I just recently set up a will and, upon my death,all of my assets go into a trust fund. It's called a testamentary trust. The beneficiary of the trust fund is my daughter. I didn't have t...

Am i entitled to any of my step-mothers estate?

If she filed a will, you are entitled to whatever you were left after debts and taxes were paid. If she didn't file a will, you may be entitled based on teh intestancy law of the state she ...

Do you need a certified appraisal of real estate for probate court?

I can see both sides; if you are selling the house, determining the worth is important; and it might make a difference for taxes on the estate on a rare occasion; on the other hand, it, going for t...