Real Estate and Property Handling of Parents Death

My stepmother just passed away. The biological father passed away several years ago. The siblings who are left are my stepbrother and myself. There was no Will or Trust. How should the estate and property be handled? And will it be equally distributed? real estate was under joint tenancy of parents. Does my stepbrother have more rights or is it equal? If we both agree, does this work?

Asked on April 2, 2018 under Estate Planning, California


M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

I am so sorry for your loss.  So if there is no Will left a person is said to have died "intestate" and the intestacy statute in that state will apply.  The key here is what happened with your Father's estate.  If everything was held jointly by your Father and his Wife and everything passed to your step mother whe she passed, then everything passes through her, and unless you were legally adopted, step children do not inherit.  If you both agree to split things 50/50 then the Courts will abide by your decision.  Good luck.

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