Chowchilla, CA asked in Probate for California

Q: My friend left his home when he passed month ago the person whom he left it too also died 4 days ago

If the property never changed legal ownership does the person who died and was willed the houses family have claim to the property

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1 Lawyer Answer
Richard Samuel Price
Richard Samuel Price
  • Probate Lawyer
  • Redlands, CA
  • Licensed in California

A: It depends on what the will says, and this is not simple. If Sally made a will that gave the house to John or his descendants, but John is not alive when Sally dies, then John's decedents get the house. If the will does not say John or his descendants, then the anti-lapse statute may still give the house to John's descendants. However, it is possible that the house goes to whoever was to receive the residue, which may be the intestate heirs of Sally.

Bring the will to a lawyer near you for a full consultation.

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