What rights do I have tomy mother’s estate?

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What rights do I have tomy mother’s estate?

My mother was building a house but before it was finished she died. Her husband, not my father, remarried. He then died. What right do I have to the house There is no Will that I know of. This all occurred in a community property state.

Asked on September 26, 2012 under Estate Planning, California

Answers:

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

Answered 8 years ago | Contributor

Sorry to hear about your mother and your stepfather.

Since your mother died without a Will, the rules of intestate succession determine inheritance.  Intestate means dying without a Will.   

Under intestate succession, your stepfather's surviving spouse would inherit the entire estate including the house.  If there had not been a surviving spouse, you would have inherited the house (entire estate).  If there had not been a surviving spouse, if you have any siblings, you and your siblings would have inherited equal shares of the estate (equal interests in the house).


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