Co-Ownership and Inheritance in California

**butterlies** · 08-12-2007, 02:50 PM

My daughter and husband with two small children moved into his mothers home a few years ago. The house was paid for but because the mother wanted pay off bills with her equity she asked her son to refinance the home and put his name on the home. They recently refinanced this home again with the understanding he was purchasing the house from her, but did not take the mothers name off the house and did not add my daughters name at the time. Only the son and mother are on the deed and loan. My son-inlaw made the paymen't on the house all these years.
My son-in-inlaw died recently without ever adding my daughters name to the house deed or mortage loan and without a will to protect her and the children.
My question is: Does my daughter have any rights to the home and or proceeds of the sale. She wants to split the money with the mother-inlaw but the mother-inlaw's children are trying to stop my daughter from getting any of the money from the sale.

**aaron** · 08-13-2007, 08:14 AM

How exactly was the property titled to the mother and son?

**butterlies** · 08-14-2007, 03:08 AM

The title reads-A widow (her name) and ( his name) a married man his sole and seperate property.

Thank You Aaron for the prompt reply and will check again for your answer.

**aaron** · 08-14-2007, 05:38 AM

That's literally how it reads - you're not omitting any words or punctuation?

**butterlies** · 08-14-2007, 03:24 PM

This is a copy of how it reads except I left out their names.
Deed Of Trust
(A) security instrument means this document, which is dated April 24, 2006
together with all riders to this document.

(B) Borrower is Name, A Widow And, Name, A Married Man As His Sole And Seperate Property.

(This is the last documents for the refinance before his death).
Thanks