Will I Inherit My Husband’s Share of Property Owned in Common?

Question from Peaches, Will I Inherit My Husband’s Share of Property Owned in Common?

Answer from AI:

If your husband passes away without a will or trust, the distribution of his share of the property will be governed by California’s intestate succession laws. Here’s a general explanation of how this process works and what you might expect.

Understanding Tenancy in Common

When property is owned as tenants in common, each owner has an undivided interest in the property. This means that your husband and his sister each own a specific share of the property, but they both have the right to use the entire property. Importantly, each tenant in common can pass their share to heirs or beneficiaries.

Intestate Succession in California

If your husband dies without a will (intestate), California’s intestate succession laws will determine who inherits his share of the property. According to the California Probate Code:

• If your husband has children, his share of the property would typically be divided between you and his children.
• If he has no children, you would generally inherit his share of the property.
• If he has no children and no surviving parents, siblings, or nieces/nephews, you would inherit his entire share.

For more detailed information, you can refer to the [California Probate Code](https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=PROB&sectionNum=6401).

Probate Process

Even if you are the rightful heir under intestate succession laws, the property will still need to go through probate. Probate is the legal process of administering the estate of a deceased person, including distributing assets to heirs and paying any debts.

Steps in the Probate Process

1. Filing a petition with the probate court.
2. Notifying heirs and creditors.
3. Inventorying the deceased’s assets.
4. Paying debts and taxes.
5. Distributing the remaining assets according to intestate succession laws.

The probate process can be time-consuming and costly, which is why many people choose to create a will or trust to simplify the distribution of their assets.

Why Legal Advice is Important

Given the complexities of property law and probate, it is highly recommended to consult with a legal professional. An attorney can provide personalized advice based on your specific situation and help you navigate the probate process.

Resources for Further Information

For more information on California’s probate process and intestate succession laws, you can visit:

• California Courts Self-Help Guide on Probate
• State Bar of California – Legal Guides on Probate

Remember, while this information provides a general overview, it is not a substitute for professional legal advice. Consulting with an attorney can help ensure that your rights and interests are fully protected.