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Are all children entitled to the estate? (Wills & Trusts)

Tue, 08 Jul 2003 12:33:00 GMT

What is the name of your state? California
Both of my mom's parents died and had the title under their names plus one of my uncles. Now that they are both deceased, the only name left is my uncle. There was no will and some of children (6 total) want to sell the property and disperse the money to each one of them. Does my uncle have full rights to the property and must he agree in order to have the property sold? What would have to be done?
Thanks.

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  • Tue, 08 Jul 2003 16:52:00 GMT(1)
  • Before a definite answer can be given, you need to find out exactly how the deed/title reads--whether the names are held in joint tenancy or tenants-in-common. You can probably find out by visiting/calling your county assessor's office or land records office at the county courthouse.
    A local probate attorney and/or real estate attorney can answer your questions--yes it is possible that the children may have rights as heirs to this property and if you want to sell you can force the sale--an attorney can tell you how to do this.
  • Tue, 08 Jul 2003 19:58:00 GMT(2)
  • Would this be different if my uncle did live with them? I think this was the reason why he was on the title.
  • Tue, 08 Jul 2003 17:14:00 GMT(3)
  • Actually, Dandy Don is very likely wrong on this one.
    Unless your uncle lived with your parents, it would be very unusual to have him included in a JTROS (Joint Tenant, Right of Survivor). By eliminating him from that possibility, the property is very likely 1/3 his, 1/3 your mothers estate and 1/3 your fathers estate (or if one parent preceased the other AND with JTROS between them, that one parent would have 2/3 ownership).
    In any case, since both parents are dead, the parents estate would own 2/3 of the property.
    Since your post says that they both were without wills (intestate), your state law of 'intestate distribution' would apply as follows: equal shares to any children. And since there are six of you, then each of you will own 1/6th of the 2/3 (or 11.11% of the overall property).
    BTW, a summary of the CA intestate distribution can be found at:
    http://home.pon.net/jmt/law/twol/ep/epn/is.htm
  • Thu, 17 Jul 2003 22:20:00 GMT(4)
  • He was a joint tenant with his father and his mother. Since they are both gone, it is no his. Is it still possible that the other children have rights to the estate?
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