Whatare my rights to my father’s house when he passes away?

My mother passed away 30 years ago and my father re-married 9 years later. My parents owned the home that my father lives in now with my stepmother. He put her name on the mortage for the house. From what I can remember, my parents had a Will. Would I inherent the home when my father passes away if it is in his Will? And what would happen if there isn’t a Will; would I still inherent the house or will his wife keep the house?

Asked on May 23, 2017 under Estate Planning, California


S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

If your father leaves a Will which states that you are to inherit the home, then that provision is controlling.
If your father dies intestate (without a Will), the rules of intestate succession determine inheritance.
Under intestate succession, your father's surviving spouse inherits his entire estate which includes the home.
  If your father dies intestate without a surviving spouse, his estate will be divided equally among his children.  The house will be divided equally between you and your siblings.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.