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2 Answers | Asked in Real Estate Law and Probate for California on
Q: My father & step mom owned a house equally.She died 9/16/16. Are her children entitled to equity earned after her death?

They had agreement that the survivor could remain in home until they could no longer take care of it. He tried to pay them out. Real estate has increased significantly in last 4 months. House has increased by 30,000 since November.

William Martin Burbank
William Martin Burbank
answered on Jan 17, 2017

The surviving children may have rights to the remainder interest, but their rights under the probate code can be lost if there is a will, trust, or transfer on death deed that specifies other beneficiaries.

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