Palmdale, CA asked in Probate for California

Q: My mom left house equally to me & my sister. My sister died same day as mom. Do i get house or do her kids get half?

Mom has a will leaving both myself and my sister equally 50/50 her house. But my sister and mom both died on the same day. Do i inherit the entire house or is my sisters husband or kids entitled to half of the house? My aunt was assigned the executor of the will. The grandkids were left specific monies and other items. Myself and my sister were only left the house 50/50.

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3 Lawyer Answers
Nina Whitehurst
Nina Whitehurst
PREMIUM
Answered
  • Probate Lawyer
  • Crossville, TN
  • Licensed in California

A: Most likely you are going to own the house with your sister’s heirs but there is no way to know that with certainty without reviewing the will.

David Ostrove and John B. Palley agree with this answer

David Ostrove
David Ostrove
PREMIUM
Answered
  • Estate Planning Lawyer
  • Los Angeles, CA
  • Licensed in California

A: It depends on the exact wording in Mom's will. But, under a typical state statute, you would get 1/2 and your sister's children would divide your sister's 1/2 between.

You should talk with local probate and trust lawyer.

James Edward Berge agrees with this answer

Bill Sweeney
Bill Sweeney
PREMIUM
Answered
  • Probate Lawyer
  • San Juan Capistrano, CA
  • Licensed in California

A: We do not have enough information to determine who will inherit the house. For example, you mentioned that your mother and sister died on the same day. We would need to know which one survived the other. If survival cannot be determined, the probate code can provide the answer depending on the terms of the will. If your mother survived, the will might provide for what happens if a beneficiary predeceases. If your mother died first, the terms of the will might dictate a period of time that must pass between your mother's death and that of your sister. More often, a properly drafted will provides the remedy depending on who dies first and the length time required for a beneficiary to survive. You should have the will and the facts reviewed by a probate attorney.

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