Q: How is this handled?
My step father died without a will, the house is deeded in his and my moms name, she died several years ago without a will...he has 2 children from a previous marriage. Do I have and legal claim to the house and/or the contents of it?
A:
Disclaimer: The materials provided below are informational and should not be relied upon as legal advice.
I am sorry for your loss. We need some additional informational to fully understand the context of your question. Was your mother's estate probated? Am I correct to understand your mother and your step father had no estate plan of any sort (e.g., will or living trust) when each passed away? Had your step father adopted you as his own child? When a person dies with any estate plan, that person's estate has to be probated. The probate court will distribute the estate among the "heirs" based on the rules of intestate succession which can be found in Sections 6400, et. seq., of the California Probate Code. Be sure to consult your own attorney to protect your legal rights.
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