Q: No will. Father died & Step-mother living in home. Children due $ upon home sell. Home repairs at the expense of who?
Do the Children have to pay upfront for home repairs prior to sell of home? What if the home never sells.
A:
No, there's no requirement for the children to pay for step-mom's home repairs.
If the property was your father's separate property, the children inherit it, subject to the surviving spouse's life estate. (Meaning she has the right to use the property during her lifetime.) The life tenant has a duty not to commit waste (in other words, not to let the property deteriorate.)
The alternative is that the property was community property, in which case 1/2 is owned by the children, and 1/2 is owned by the surviving spouse. This makes the children and the step-mom co-tenants. Co-tenants have equal rights to use the property, and an equal obligation to pay for the expenses. Neither can simply let the property deteriorate, and since step-mom is in possession, she should be paying at least 1/2 of the repair costs (as well as insurance and taxes).
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