my mother passed without a trust or will. in 2005. recently i was informed that even though she purchased our family

Question

home in 1958, re-married in 1965,and then added my step father to the deed, that upon the sale of the house that he was entitled to 50% of the sale and should of allowed my brother, sister and my self to divide the other 50%.. instead within a year of our mothers passing he remarried, added his new wife to the deed, sold the house and moved out of state.. so. is it true about how the division was suppose to be handled, and if so can we still go after  him for compensation

Andy Chen · Answer

How does California law apply to this situation? Do you live in Washington, but your lived mother lived in California? 
 
If your mother lived in CA and her house was here, the fact she died without a trust or will is important. There is something called intestate succession that applies. It is also important how the house was titled from 1965 onwards. The typical title form I see now between spouses is Joint Tenant with Right of Survivorship. If that was the case in 1965, then your stepdad should have gotten the house entirely as soon as your mom died. He could then sell it, add another woman to the title, etc as he saw fit.  
 
If, however, your mom titled the house as Tenants in Common, then what you have described might be correct. Assuming that any of this can be proven with documents and assuming you get around any statute of limitation problems that exist, your claim now would be against the money your stepdad received for the house when he sold it in 2006.  
 
Since your stepdad moved out of California, I am not certain, but it may be better to sue him (if you decide to sue him at all) in the state where he lives now.  
 
Good luck.

Q: my mother passed without a trust or will. in 2005. recently i was informed that even though she purchased our family