Fresno, CA asked in Probate for California

Q: My aunt died in 2012 with a Will saying she left $25k and her “community property interest “ in her home to me but only

After he moved or died. He sold their home, bought another and died in 10/20 leaving all to his daughter. Do I have a remedy to collect my aunts share of CP left to me in her Will from his estate ? they had no kids together and a 30 + year marriage. He created a Trust after her death but didn’t put his new house in it.

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1 Lawyer Answer
David Ostrove
David Ostrove
  • Estate Planning Lawyer
  • Los Angeles, CA
  • Licensed in California

A: As of the date of your Aunt's death, you own her 1/2 of the community property, subject to her spouse's right to live there. At surviving husband's death you should have received your Aunt's remaining 1/2 of the community property. She can only give away her 1/2 of the community property. She gave her 1/2 to you. You need an experienced wills and trusts attorney to help you with this.

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