Q: My grandmother's house was left to two of her children they both moved in and a couple of years later one child passed.
She was still married but they weren't together she had no will and now her step son is trying to get her half he sent a letter from a lawyer what can we do
A:
Dear Las Vegas:
I am assuming the property is located in California, as you posted this in the California forum. If not, you should repost in the forum for the state the property is located in as Probate and Real Property Law is state specific.
Now, in California what happens to the deceased child's interest (Decedent) will depend on the form of title and whether or not the Decedent died intestate or had a will or trust. (I am also assuming that Grandmother's estate was probated.)
The two grandchildren were either Tenants in Common, or Joint Tenants. If they were tenants in common, then the Decedent's share of the property goes to the Decedent's intestate heirs, or if she had a will or trust, to the designated beneficiary or beneficiaries.
But, if the two grandchildren were joint tenants, then the Decedent's interest goes to the other grandchild by right of survivorship.
Telling the form of ownership is pretty easy. If the deed or decree of distribution specifies that they take the property as "joint tenants" then it is a joint tenancy. However, if it does not specify the form of ownership or if it states "tenants in common" then they are tenants in common.
The final thing you should know is that as a general matter, a step child does not inherit property though the step parent. And, as the grandchild inherited the property, it was most likely her separate property (and not community property of the marriage) meaning that 1/2 to 1/3 would go to her surviving children, while the other portion would go to her children or other intestate heir. (This part can get a bit complicated.)
This is, of course, only the very basic rules. You (or the other owner) should talk to a lawyer before talking to the step-son or step-son's attorney. A good lawyer should be able to look at the title for the property and give you a more specific idea of your rights. If you do not know where to find a lawyer, I would suggest the local county bar association in the county the property is located in. They can provide a referral to an attorney who will provide a consultation at low or no cost.
Good luck.
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