Is a step-son entitled to money from my home upon the death of his father?

Get Legal Help Today

 Secured with SHA-256 Encryption

Is a step-son entitled to money from my home upon the death of his father?

I have owned my home for over 50 years. I purchased the home prior to marrying
my second husband. The deed is in my name and I own the home free and clear.

My second husband of 45 years recently passed away. I received a letter from
his son recently demanding payment for his share of the house. He believes he
is entitled to payment because his father and I lived in the house after we
were married.

I’m in my late 80’s/early 90’s not only dealing with the loss of my husband,
settling his affairs, and now I need to deal with this. I’ve tried to find an
attorney locally for an answer, but they seem to be wanting too much money for
a simple answer.

What is my rights in California regarding this type of thing?

Asked on May 21, 2017 under Estate Planning, California

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

Your stepson has no right to any share of the house (or anything else of yours). "Stepson" is not a legal relationship giving the stepchild a right to anything of or from you; he only has a right to the assets of his father. But if the house was in your name only and was bought prior to marrying the stepson's father, the father never had any interest in, share of, or right to the home; it was solely yours, as an assset titled solely in your name predating marriage. Therefore the stepson has no legal claim to it.


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.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption