Q: My brother died without a will married in community of property he inherited our parents house deed show only his name
Excluding his wife was my parents last will to exclude any in-laws what claim does his wife has on property
A:
You did not say which state this is in, so we can only answer with a general rule. The general rule in community property states is that items a person inherits are separate property, but the heir still must be careful not to commingle assets in such as way that they become community property. An example of commingling with respect to real property would be intentionally changing the title to add the non-inheriting spouse's name.
Also, it is possible for the community estate to gain a claim over time for reimbursement of community funds used to "feed" the separate property. Examples with respect to real property include making mortgage and insurance payments and paying for repairs and maintenance using community income.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
