Inheritence: who gets what when there is no will

[chuckswoman]

What is the name of your state (only U.S. law)? CA

This is about my "friend". When he was 11-12 his parents divorced. His mom got custody. She also got the house. His dad dropped out of the picture.

A couple years later, mom remarries. Stepdad is also divorced with a son who lives with HIS mother. The two families do not blend.

Much later, mom dies without a will. Stepdad continues in the house until his death 10 years later. Stepdad left no will either.

So stepdad's son gets the house.

Is this right? I mean is this the legal way it would unfold or is something asmiss?

 

[sandyclaus]

What is the name of your state (only U.S. law)?

US law only.

And the answer depends on the state's inheritance laws.

If you typed your question and don't see it here, you probably used the "Preview" option which eats posts. Please try again.

 

[chuckswoman]

If you typed your question and don't see it here, you probably used the "Preview" option which eats posts. Please try again.

I didn't understand this is what happened but I did use the "edit" function to input my question again. TY for the explanation.

 

[Proserpina]

What is the name of your state (only U.S. law)? CA

This is about my "friend". When he was 11-12 his parents divorced. His mom got custody. She also got the house. His dad dropped out of the picture.

A couple years later, mom remarries. Stepdad is also divorced with a son who lives with HIS mother. The two families do not blend.

Much later, mom dies without a will. Stepdad continues in the house until his death 10 years later. Stepdad left no will either.

So stepdad's son gets the house.

Is this right? I mean is this the legal way it would unfold or is something asmiss?

(Yeah, the preview function "eats" your words)

How was the house actually titled?

 

[anteater]

California intestate succession:

http://www.nolo.com/legal-encyclopedia/intestate-succession-california.html

Your friend should have looked into this when Mom died.

 

[chuckswoman]

How was the house actually titled?

The only paperwork revealing any information regarding ownership that my friend witnessed was (a copy of) the deed noting the sale of the property by the stepfather's son to an unknown third party. He saw this on microfilm in the County Courthouse.

He'll be making another trip to the courthouse soon, I think. I might be jumping off my own topic here but I've no experience doing this.....
just as one can ask the clerk at the courthouse to view the deed to the property, can one ask to view all deeds beginning on a certain date through the present?

 

[anteater]

The only paperwork revealing any information regarding ownership that my friend witnessed was (a copy of) the deed noting the sale of the property by****************************. stepfather's son to****************************...... unknown new propety owners.

Your friend should head down to the county department that maintains property records in CA to obtain the whole ownership history.

But, if the stepson was able to sell the property, it is a pretty good bet that ownership passed to stepfather when your friend's Mom passed away. She may have added stepfather as a joint owner with right of survivorship sometime during the marriage.