Q: I’m trying to get possession of my real father’s home following his death in 2022
My mother, who passed 2 months after my dad claimed his home and gave it to my half sister and left me entirely out although I lived with my dad and took care of him. He told me I would get his home in conversations. Because of undue influence my mother left it to my half sister who moved in immediately and then had her attorney give me a 1 day eviction notice. That’s an entire situation I’m dealing with separately. I’m trying to make things right and regain my father’s home. What my half sister did to get the home and more was illegal in itself but is there a way I can claim heir ship after finding mother filed for legal divorce in 2010. Did I mention they had been separated for 40+ years and my dad was mom’s puppet even while separated.
A:
In California, the laws of intestate succession determine heirship in cases where there is no valid will, or a will is contested. If your father did not have a will stating his wishes regarding his property, and your mother claimed the property and then passed it to your half-sister, the situation may require legal intervention to clarify and potentially rectify the distribution of his assets according to state law.
Given that your mother filed for legal divorce in 2010 but remained married to your father, and they had been separated for over 40 years, this could significantly impact the distribution of your father's estate. If they were still legally married at the time of his death, she would typically have rights to his estate under California law, but the discovery of the divorce filing could alter the legal landscape, particularly if the divorce was finalized.
To challenge the current ownership of your father's home and assert your rights as an heir, it would be prudent to consult with an attorney who specializes in estate law and can navigate the complexities of your situation. The attorney can review the divorce filing, assess its impact on the estate, and advise on the best course of action to contest the distribution of assets, especially considering the alleged undue influence and the legal and familial dynamics at play.
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