Can my stepmother sell my dead father's house without informing us childen?

Question

The house was purchased under both my father and my stepmpther's name in California in the 80's. My father passed away last year. Recently, I have just found out that my stepmother had sold the house to her son ( from her previous marriage) without informing us. She sold the house to her son for much under the current market value. Can she do that? Can she sell the house without informing us? After the dead of my father, does she get 100% of the house?

Answer 1

I think California is a community property state, you need to talk to a lawyer because if it is, she is only entitled to one half of his property, and his natural kids, the other half.

Don't wait around asking Yahoo Answers, go get legal advice from someone who can advise you and act in your behalf should I be right about the law.

Answer 2

Apparently she had title to the house, so I guess she can. It depends upon what the Will said, or the state of CA's laws of intestacy (no Will) say. Generally, I think the widow gets everything except in a few states that specify percentages for children.
Why shouldn't she sell the house to her son, it was her house. Actually, she probably did not give him the deal that she thought she was giving him. If he sells the house, he will have to pay tax on the amount over the basis (the small sum she charged him) so she insured that his tax bill will be higher. Not a good plan. There are better ways to accomplish this. She should have consulted an attorney first.

Answer 3

Yep. More than likely, in the absence of a will that says otherwise, she inherited your father's interest in the house after his death. Which means that she is more than entitled to sell her house for any amount to any one that she chooses without telling anyone. Even if there was a will, your father only could will away his half of the interest in the house since both of their names were on the title.

But the best thing for you to do at this point is consult a lawyer. Estate law is incredibly, incredibly complicated and varies widely, so you will need a guide through all of the mess.

Answer 4

If she was a co-owner, and the paperwork was set up so she became the only owner at the time of his death, then the house was legally hers and she could do what she wanted with it. If the will left her the house, the same applies. And in CA, without a will, the assumption is the estate goes to the wife.

Whichever way you look at it, she was probably within her rights to sell the house for any amount she wanted to.

Answer 5

each and each united states and state interior the U. S. has distinctive regulations. i chanced in this. regulations of intestacy don’t consistently stick to what might have been the decedent’s needs. as an occasion, in some states, if one companion dies without will, the surviving companion won’t inherit each thing except the decedent has no little ones or different blood kin with claims to the valuables. If minor little ones get carry of an inheritance from an intestate belongings, a courtroom-appointed parent is paid to hold their shares of the valuables. The courtroom supervises the components till the baby reaches adulthood. The courtroom additionally comes to a decision who will advance the baby if the two father and mom are deceased, or if the surviving discern is deemed undeserving. word that one individual could be parent of the two the guy and the valuables of a baby.

Answer 6

Most likely they purchased the house as joint tenants as others have pointed out and, thus, the house goes to your stepmother.

However, there is an off-chance that the house was purchased the other way (forget the name) and once one of the named owners dies the house gets liquidated and your fathers share of the proceeds would go to his estate (which might be her anyways).

Answer 7

You answered your own question.
You stated your stepmother and your father purchased the house together.
Therefore when your father passed, the house was hers to do with as she pleased.
I am sure the title was vested in both your stepmother and your fathers name as joint tennants.
If so, if either passes the property passes to the surriver, in this case your stepmother.
Sorry, but that is the law.

Answer 8

Yes she can. They bought the house together so they are both on the mortgage or deed. Unfortunently your father died o that leaves her the Only owner of the houe. If your father expressed any wishe or wanted it to go to you in his will then you would need a lwayer then they would have to buy you part of the house from you. Its sad but this is what happens

Answer 9

Your father's will probably has nothing to do with what happened to the house. If she bought the house with him, both their names are on the deed. Once he died, she became the sole owner of the house. If she wanted to give it to her son for free, it would be her right to do so. You have no right to any of the proceeds from the house.

The only things you MIGHT have a possible chance to inherit would be any property that your father held separately from his wife. And to inherit that stuff, it would have to be in his will for you to get the stuff.

Sorry.

Answer 10

Yes she can so you need to get a real estate lawyer, one who deals with properties, this is a big deal and you and your brothers or sisters need to be given a portion of the proceeds. Each state is different so your lawyer could explain what the rules are. Is the estate in probate? Usually when you first meet with a lawyer it is free so you can go and get some advice. Good luck and I am so sorry about your father.

Answer 11

depends on what your father's will says and if he left the house to her then she doesn't have to inform you. if your father didn't have a will then i believe the property would be all hers as well. if you father, however, said that the house was to be given to his children but that she should be allowed to stay there (quite common) then she would have to ask you before she sold it. call a lawyer.