If my husband dies, can his son claim part of the home that we own?

There is no Will. What can I do to make sure the home stays my property until I die? After that his son can claim it. In CA.

Asked on November 3, 2011 under Estate Planning, California


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

If your husband passed away without a Will, his estate will have to go through the intestacy process where a peitition for such would be filed by an interested party, most likely you. In this process, the State of California by statute will establish who ends up with what assets of your husband based upon lines of closest relationship.

Since you are his surviving wife, you would get the bulk of his estate. As to the home, you need to see in whose name it presently is in. If it is in joint tenancy, then the surviving person gets your deceased husband's share. If you are on legal title to the home presently, then you have the right to remain in the home.

I suggets that you consult with a Wills and trust attorney.

Good luck.

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