Q: My father passed away in 2010. He was married. He purchased a home in 1992 when he wasn't married. what are my rights
I am not sure if there is a will because his wife refuses to cooperate and she hasn't opened succesion on him. She is remarried and living in his home. I dont know where to start or if its worth paying a lawyer to just get nothing ??
A: Any interested party can open a succession. You are a descendant and therefore, can open succession. In opening succession, you can request that the court issue an Order for a search of the Will. Of course, it is always easier and less costly, if all parties cooperate and if there is a Will, have it presented to a court. If there is a valid Will, then, your father's property will be transferred in accord with its terms. If there is no Will, then, separate property (property purchased before the marriage) goes to his descendants with no interest to the surviving spouse. And, even the former one-half interest in community property of the Decedent goes to his descendants, but that interest is subject to a legal usufruct to the surviving spouse. You should contact counsel well versed in succession law to discuss all of your specific circumstances and to obtain a recommendation for proceeding.
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