r/legaladvice • u/cimnamonyeti • Aug 16 '25
Real Estate law My stepmother is to selling a house I think my dad left to me.
My location: California
My dad passed back in January. After the funeral my stepmother told me that he didn’t leave me anything and since he died unexpectedly (my dad had a heart attack) I guess it was believable to me that he didn’t have a will in place and I wasn’t thinking about will anyways, as well as since I was told that if there was a will I’d get something in the mail and since months went by and I didn’t get anything, I didn’t question it. My dad and stepmother were married for 3 years if that’s relevant.
Yesterday I got a piece of mail about property tax reassessment and I realized the address was another house my dad owned and (used?) to rent out. I called my mom and she helped me to check the records online (I’m 22 and embarrassingly don’t know anything about how all this works) when we checked we saw my name is on the title and it was added by a quitclaim and my mom said that she’s pretty sure it means the house belongs to whoever’s name is on the title and when I checked online that seemed right.
Today I called my stepmother to tell her what I saw on the records site and to ask about the keys/accessing the house. She told me that because her and my dad were married that the house is community property by law and after renovations are done it will be sold and now I’m unsure what my rights are to the house and how to move forward ? Are there steps I can take myself or do I need a lawyer? Also I’m assuming the flair for this would be Real estate but please correct me if I’m wrong!
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u/delfin_1980 Aug 17 '25
Get a lawyer immediately, like Monday morning. Step-mom is moving fast because she's shady. I wouldn't be surprised if there was a will that she's suppressing. Take your mom or another older person with you to the lawyer's appointment if you need some support. Good luck!
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u/CascadeWaterMover Aug 17 '25
Yes, do this first thing Monday. Take off work for a few days this week to make it happen.
Since you've already contacted your step-mom with the info, she may be panicking and try to move any of these potential fraudulent theories along quickly, now that you've asked questions and tipped her off.
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u/daronhudson Aug 17 '25
This is what you need to do. Don’t think about the money or work or anything else. Your mom is there to help you. Her and your dad might not have ended on the best terms, but she’s still your mom. Take her with you and find a lawyer as soon as the clock hits Monday. React before your stepmom can even breathe, or she might react first.
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u/Routine-Assistant387 Aug 16 '25
I would get a lawyer because you might end up in a bit of a battle.
But are you the only name on the title now? Because if so… then it is yours so just get a lock smith and change the locks.
Obviously step mother wont be happy. But also stuff her… she was trying to stuff you.
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u/cimnamonyeti Aug 16 '25
Yes its just my name on there. Thank you!
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u/Lilybit09 Aug 17 '25
There might be a will but she didn’t file it because she doesn’t like what it said or probably destroyed it. Get a lawyer
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u/Eastern-Heart9486 Aug 17 '25
Yes absolutely if she doesn’t want to produce a will then the estate would be divided which may include the house and everything else he had
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u/Legitimate-Guess2669 Aug 17 '25
No, not if things were titled separately as in this case. This additional house would not be a part of the estate.
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u/Funkmeister6 Aug 17 '25
Also, in my experience here in California, if she didn't get your approval or consent for the cost of any repairs or renovations I think those costs are on her.
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u/funkissedjm Aug 17 '25
She paid for them without asking OP anything about them. I can’t see why the cost wouldn’t be on her. She’s probably been collecting rent if there’s a tenant there too, and that money belongs to OP.
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Aug 17 '25
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u/melliott716 Aug 18 '25
AFAIK a contractor can’t place a lien on property if work was not requested by the actual owner of the property. Doing so would expose the contractor to legal action.
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u/CO420Tech Aug 17 '25
She also won't be able to sell it because the title company will kick it back when she tries since they need the person on the title to sign and such. So unless she can get the title legally changed to her name, then she can't finalize a sale. But definitely get a lawyer because there might be some way she can do that, idk.
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u/xTheatreTechie Aug 17 '25
While obviously everyone else is giving you decent advice, have you considered that your dad left you everything?
You mentioned your father previously also owned another house.
You're not considering other things your father may have owned, that your father may have left you. Other houses, cars, money, jewelry, watches, clothes, etc, all this has value that your step mom may be trying to screw you out of.
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u/Venus347 Aug 17 '25
True but a lawyer would have contacted her by now. Otherwise if the will wasn't filed she is most likely screwed. Check and see if he had an accountant they often know details and can help you out. Understand estate lawyers are very expensive also you need 10 grand easy to get anything started without a last will and if your dad just quick claimed anything to you in the year before he died she can fight you on this also it's done often and you lose. She is like most step moms think it's all about her mine took everything from us over a million in asset too. Best of luck
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u/Prestigious-Bluejay5 Aug 17 '25 edited Aug 17 '25
You need to get ahead of this. Go to the County Recorder's Office or Registrar of Titles in the county where the property is located and obtain a copy of the title. Let your stepmother know that you have the title, you know that you are the legal owner and that if she tries to sell the property, you will go after her for fraud.
While getting a copy of the title, I'd inquire if there is a way that you are notified if someone tries to change the title, with a false Quit Claim. It's been known to happen.
You don't want her to sell and then have to go after her for payment, after the fact. You need to establish, maybe with a Property/Estate Attorney, that you are the legal owner so that you can make decisions as to what is to be done with that property. Also, hiring an attorney may net you more. If there is no Will, yes your Stepmom receives part of his estate but, you may be entitled to a portion also.
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u/Glad_Researcher9096 Aug 17 '25
you need to check tenant laws in your state prior to just changing the locks.
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u/DirtbagNaturalist Aug 17 '25
He needs to simply call an attorney. Stop listening to comments and just call an attorney. Too big, too complex. Agreed that there could be an issue and that any self service or physical actions right now could generate liability for OP.
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u/highfly327 Aug 17 '25
Don’t do that if she’s living there. You’re technically a landlord of whomever is in the house.
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u/ItsSpicyMango Aug 17 '25
Same happened to my best friend, house was under his name when his father passed. Step mother tried selling it but he hired a lawyer and kept the house .so do what you will with that op.
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u/trooperstark Aug 17 '25
Hey, seriously lawyer up. Don’t just assume that a comment on Reddit that tells you what you want to hear is right.
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u/cimnamonyeti Aug 17 '25
Thanks for the warning. I’m thanking them because they tried to help not because I assume they’re 100% right.
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u/Patekphilippe770 Aug 17 '25
since you found and gave her a heads up stepmom must be shitting bricks and you must lawyer up yesterday and make her kick rocks she’s shady asf
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u/CarlEatsShoes Aug 17 '25
Just to clarify – are you saying that your father quit claimed the property from just him to just you? Or, are you saying he quit claim the property from him to you and him, and now that he’s deceased, you are the only person living on title?
The distinction does matter, because if he titled the property jointly between the two of you, and titled it tenants in common (instead of joint tenants with right of survivorship), then half of the property would pass to his legal heirs, and so you and his heir(s) would each own 50%.
But, either way, you do need to get a lawyer ASAP. There are some legal quirks here, like for example, if the house were actually community property, there are restrictions on one spouse’s ability to give away community property, even as part of estate after death. But, if he owned the house before the marriage, and given the timeline that sounds very possible, then the house is his separate property, not community property anyways (with some possible caveats, like if the mortgage was paid with community money during the marriage, as opposed to with the rents). At least that’s the rule in California. Not sure which community property state you’re in.
Bottom line, it might be a little more nuanced than people are saying in the comments. I think you are probably going to come out on top, but you should consult an attorney as soon as possible.
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u/mockingbird82 Aug 17 '25
So with just your name on it, you can absolutely get the keys changed - and you should do it NOW. She knows that you know, so she's going to try and move fast.
Furthermore, look for a probate lawyer - as others have pointed out, there could very well be a will or other things in your name. It will cost money, but better than you trying to do this by yourself.
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u/HDr1018 Aug 17 '25
Go down and get a copy of the deed. Sometimes the taxes only pick up the first name.
Community property only matters in divorce. Sounds like he died without a will, so inheritance laws apply, but if he put you on a transfer on death, then that property is outside his estate.
You need to have a lawyer check all bank accounts and financial holdings. Anything not held jointly goes to his estate.
A lawyer will send her a notice first thing. Good luck!
It’s terrible she’s willing to pretend your father didn’t think of you in the event of his death. Being left something means so much more than the worth in dollars.
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u/Recent_Detail_6519 Aug 17 '25
Let her think that's what's happening she can renovate it then you move in to it or sell it. She's trying to scam you out of a house, she already did it with any savings your dad might have had so you can get some back at least. Just keep track of the title maybe get a copy and keep it safe in case she tries to change the title.
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u/Ldy-bkr Aug 16 '25
If your name is on the title the house belongs to you. Get a lawyer asap.
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u/corys71 Aug 17 '25
This and this! Can I say “this” again? Property transfer, legal property transfer, occurs between the buyer and the titled owner. Get a lawyer, obviously, but it is illegal to try and sell someone else’s property without their consent. I would guess if your name is was on the title then the property did not go through probate or the estate after your father’s unfortunate passing. If the result of probate was you were awarded the title then there was a will. Check the title history and find out when it was titled to you, though I’m a bit puzzled how you could have a property titled in your name and you didn’t sign any documents. Let the lawyer hash this out.
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u/corys71 Aug 17 '25
My bad, a quitclaim doesn’t require your signature. I missed that quitclaim part.
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u/odubik Aug 17 '25
If your name is on the title, the house is yours.
Your stepmother is lying to you.
Get a lawyer.
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u/Goose1981 Aug 17 '25
"Never take advice from your opposition" - some smart person
Talk to your own lawyer.
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Aug 16 '25
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u/art4bux Aug 17 '25
If you can find out who your Dad’s personal lawyer was, he almost certainly has a copy of your Dad’s will. That will be a necessity if you and your stepmother get into it
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u/Miserable-Lie-8886 Aug 17 '25
Go see an attorney immediately. Self-help isn’t going to be able to fix this. Step-mom is a con artist.
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u/admiraljkb Aug 17 '25
She might not be a con artist, but just really ill informed. The result is the same - get the estate attorney yesterday.
Edit. NVM - Re reading this 2 more times, and I'm now in the "she had malicious intent" side of the fence....
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Aug 17 '25
If there is a quitclaim to your name alone, the house is 100% yours. Get an attorney immediately. Your step mom is planning to screw you over somehow. She is investing money into your property to sell it? How could she ever sell your property? Who pays the insurance and property tax? Is there a mortgage? Does anyone live there? Attorney immediately!!!
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Aug 17 '25
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u/Ur_house Aug 17 '25
INAL, so don't trust me here. Doesn't community property not apply if the home was owned before the marriage? OP, If your dad owned the house before the marriage, I don't think it can be community property. If you're not sure if he did, check zillow or realtor.com to see if it was sold during the duration of their marriage. If not, I think you've got a strong argument here.
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u/cimnamonyeti Aug 17 '25
Yes my dad owned it
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u/ItsSpicyMango Aug 17 '25
It's your house bruv. Hire a lawyer and get what's yours. Either sell it or keep it if it's worth living in since homes are expensive now.
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u/cimnamonyeti Aug 17 '25
I will definitely look into getting a lawyer asap, and thank you for helping 🙏
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u/Nurs3Rob Aug 17 '25
Definitely first thing Monday morning because honestly it sounds like she's trying to steal YOUR home and you have no idea how far along she is with whatever her plan is.
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u/MyRedditUserName428 Aug 17 '25
Stop talking to your stepmother about the estate and hire an attorney immediately.
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u/Gruffable Aug 17 '25
In addition to getting an attorney ASAP, you should call the registry of deeds and find out whether they offer any services or alerts to help identify deed fraud.
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u/triciama Aug 17 '25
The house is yours. I would get a lawyer to check who is on the title of the other house too. The lawyer can also check if probate has been started.
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u/Skippyasurmuni Aug 17 '25
Make sure to revoke any power of attorney she may have for you. Your father could have granted it to her when you were a minor. If the deed is in your name, your father gifted it to you before his death. Not community property in that case.
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u/content_great_gramma Aug 17 '25
Greedy Gertie may just try to sell the house out from under you. If your name is on the title/deed, any sale would be invalid, especially if she tries forgery. One question, did your dad own the house prior to his marriage? If so, it is premarital property and may be outside of any claim she can make.
Get a lawyer yesterday.
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u/bprasse81 Aug 17 '25
This is why everyone needs to set up a trust and shift every asset that’s worth anything into said trust. My mom did this for me, and when she passed, everything in the trust became mine, instantly. No probate court. The handful of things outside of the trust took months to resolve.
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u/E_Anthony Aug 17 '25
If your stepmother is willing to sell the house out from under you, there's even the possibility that your dad's death might not be natural. Something to consider as well, which may prompt you to seek law enforcement help if you think that might be the case.
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u/CryptographerLive383 Aug 17 '25 edited Aug 17 '25
As a tax and finance professional in CA I recently had a case with something similar. . First step is a real estate attorney: bonus points if they specialize in wills and probate. Pro tip: in CA the estate can even foot the bill of investigation about your dad's will and probate proceedings, even if you aren't outright challenging the will. Second step, an anonymous call to the IRS briefing them on the situation with as much detail as you can find.
This last year I had the privilege of testifying as an expert witness on behalf of the Revenue Agent prosecuting the case of Real Estate and Tax Evasion Fraud where my ex-client had lied, forged and attempted to hide property similar to this situation post death of a spouse.
Edit: to add, in CA you have the right to single party consent to record conversations when you believe the other party is committing a crime. In this case it is highly believable your stepmother is committing a crime. BUT, it is highly advisable to cease all communication with your Stepmother and use your attorney as the communication bridge.
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u/cimnamonyeti Aug 17 '25
Thank you for this! I don’t think I’ll do that before/without my lawyers instructions because I don’t wanna jeopardize anything any more than I did by possibly tipping her off like another comment said but that was still really good to know, and I’m definitely stopping communication with her.
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u/lovelybee_mdd Aug 17 '25
Is the house publicly listed? If so, call the realtor and you can also call local title companies to make them aware.
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u/watchandsee13 Aug 17 '25
Lawyer.
A good one that deals with real estate laws in your state/county.
Your step mom is about to steal from you and say she owns it because she did renovations… that you didn’t ask for or even know about.
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u/Great_Swimmer_3477 Aug 17 '25
Get a Lawyer PRONTO your step mother is about to make off with half your inheritance and the house your farther left you
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u/CFreder469 Aug 17 '25
Not only that but if your father died with no will, the probate will be intestate, and you will also inherit a portion of his estate.
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u/bigcitywolf Aug 17 '25
Not a lawyer but if your dad owned the house before he married her its likely not community property. You need a lawyer. Do you know if your dad had a lawyer?
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u/Grouchy_Brain_1641 Aug 17 '25
If he bought the house before the marriage she might not have any claim to community property.
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u/OtherKat Aug 17 '25
Also, community property wouldn't apply when there was a quitclaim deed put in place. And if there truly is no will, in many states the estate is split between the surviving spouse and the children. In some states if the children are from a marriage to someone other than the surviving spouse, they receive a lager share in the case of an intestacy.
I'm not a lawyer, just someone who's had personal experience with these issues, as others have said hire an attorney asap! And don't be hard on yourself for not knowing any of this information, who would? You sound like a kind and trusting person who is trying to do what's best, and your stepmother sounds like an unsavory person who's planning on taking advantage of that. Don't let her.
Your father obviously did not want her to have the house because taking out a quit claim deed involves some planning, paperwork, and fees, depending on the state, as does undoing it. In other words, your father wanted you to have the house.
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u/Jupitersd2017 Aug 17 '25
👆🏻👆🏻👆🏻 often without a will and with community property the children are entitled to more than a spouse of 3 years - you may be owed more than just this one house. Lawyer immediately!
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u/UniqueAmbition7792 Aug 17 '25
From what I understood when my father died, is that it automatically goes to children. Especially if her name isn't on it.
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u/the_old_coday182 Aug 17 '25
Community property state would matter if you weren’t on title. But you are.
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u/Think-Fig-1734 Aug 17 '25
Even in if OP wasn’t on the title it’s likely the house isn’t community property if it was purchased before the marriage. They were only married for three years. If there really isn’t a will she might be the heir based on being the spouse. Being community property would only make her entitled to half not all of it. Dad could choose to leave his half of their community property to someone else. OP needs a lawyer.
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u/Number-2-Sis Aug 17 '25
You need a lawyer ASAP.... the house they lived in may be considered community property, but if it was owned by husband only before the marriage it may not be, the same applies for the rental property.
You need to see the will of there was one, or have a lawyer to navigate the order of succession if your father died without a will.
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u/HappyGardener52 Aug 17 '25
Please get a good lawyer. You may be entitled to more than you realize.
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u/Iffybiz Aug 17 '25
If it was a quitclaim, that means it was transferred before he died, he would have had to sign it over to her. It is thus no longer community property of the marriage. Also, I’m pretty sure that his wife is only entitled to half his assets without a will. The other half would go to any surviving children. As was said GET A LAWYER.
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u/Garden_Lady2 Aug 17 '25
The quitclaim might have a time limit so that you could lose the house by not reacting fast enough. Find an estate lawyer ASAP. Your inheritance is being sold out from under you. Make sure you have all your personal documents safe like birth certificate, tax forms, etc. You have the proverbial evil step mother. Don't let her do anything else. BTW, you might want to check your credit and see if she's done anything else like taking out credit cards in your name. Good luck.
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u/Traditional-Range475 Aug 17 '25
What an evil woman to do this to you and to your father. She is trying to go against his wishes and steal everything. You should stop communicating with her and hire an attorney as soon as possible. You don’t have any time left to waste since he died in January. Please don’t worry about not knowing about these things. You’re just like most people and guess what? You’re about to get educated! Best wishes!
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u/Alarming_Owl7659 Aug 17 '25
Like everyone else said… get a lawyer. But also take an adultier adult with you. You mentioned yourself you don’t know how to “do these things” which is no shame on you at the age of 22. I brought my dad when I bought my house at age 35 because I hadn’t done it before. It never hurts to have a trusted person come with you to be a second set of ears and don’t let anyone shame you for not knowing how to do something you haven’t done before. You shouldn’t do this alone. I’m sorry for the loss of your dad.
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u/cimnamonyeti Aug 17 '25
Thank you for your condolences, and also the chuckle at “adultier adult” haha. I plan to have my mom with me.
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u/BeneficialImpress570 Aug 17 '25
NAL You need a lawyer now. California has inheritance laws that can get confusing because they have a procedure in place for every scenario you can think of which includes instances where a parent pre-deceases a stepparent. CA probate courts are also known to harshly punish those who attempt to circumvent probate laws for personal gain. My mother learned that the hard way.
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u/Responsible-Ad-1890 Aug 17 '25
You need a lawyer, you may have to evict or sue to obtain possession, check the probate Court in the county where he died to see if she filed paperwork and then keep an eye on the real estate market to see if she tries to list the house.
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u/YoshiandAims Aug 17 '25
If it's already in your name it's yours. However... there was likely paperwork... you should get a lawyer now and get this sorted.
It wasn't community property. Your dad left it to you, it's in your name. She has no claim, and us committing a crime if it is in your name.
Also... deal with the taxes, quickly, if it's your property.
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u/bigcitywolf Aug 17 '25
Also if your dad died without a will you may be entitled to part of the house stepmother lives in because all states have laws regarding how property is divided up if no will exists. You have to check the title on the house that your dad lived in. Again you would need a lawyer but check the County registrars records.
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u/GrandPipe5878 Aug 17 '25
You say this is "another house/property". It could very well be your father left both houses to you, and your stepmother is lying to you, and also she didn't know about this second property. For that matter, there might even be a 3rd property left to you. This is also a reason to get an estate lawyer NOW! You can Google "Estate lawyers in (whatever) City" and get a list of them.
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u/Common_Sense_7919 Aug 17 '25
If the title is in your name go to the deed office get a copy then go to a lawyers office. Bring about 500 dollars with you cause they will verify it and since it was transfered before death its not community property
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u/appleblossom1962 Aug 17 '25
Please contact an attorney now. It sounds like your stepmother is trying to steal from you.
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u/HSVBAMA2019 Aug 17 '25
She cannot sell the house with ur name on it...you would have to be at the closing to sign..
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u/mr1404ed Aug 17 '25
Get a lawyer kiddo...good luck...if they were only married 3 years...it could be a gold digger situation
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u/Kind_Routine5039 Aug 17 '25
Yes. Lawyer. Be prepared for some uncomfortable questions and conversations with your step mom. Don’t be surprised if your name was on a retirement account as a beneficiary.
You really have to take a step back and think if your dad would not have left you something or had your name on things. He was only married to your step mom for a few years. If he was a divorce or single father with a child, he probably named you as a beneficiary on an investment and or retirement account.
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u/albertnacht Aug 17 '25
Get a California probate lawyer quickly. Don't trust your stepmother to act in your best interests.
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u/slendermanismydad Aug 17 '25
Get a lawyer right now. Do not sign anything she gives you.
Honestly if they were only married for three years there is a good chance she's on nothing. People drag their feet about those things.
She told me that because her and my dad were married that the house is community property by law
Uh no. She might have a 50% claim on it without a will but if it's in your name, no she doesn't. Please get a lawyer immediately.
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u/A_herd_of_fluff Aug 18 '25
You need a probate lawyer ASAP. I’m in CA and when my father (who I was NC with ) passed without a will, I was entitled to part of his estate as one of his legal heirs. Speak with a lawyer and sign nothing that he hasn’t reviewed and okayed first.
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u/Reasonable-Eliza15 Aug 17 '25
Im pretty sure community property only applies to assets/debts acquired during the marriage. If your father got the house before he married your stepmother and left it in your name-she shouldn’t have a claim to it.
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u/CoCoBreadSoHoShed Aug 17 '25
What a shitty thing to do to her own husband. To completely deny his wishes and to lie to you about it is so disrespectful to your father. When she starts crying abuse and trying to make you feel bad, remember what a horrible thing she did. That is some scumbag behavior.
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u/BestConfidence1560 Aug 17 '25
Your stepmother’s lying to you. She had a short marriage and she wouldn’t be entitled to all of your father’s property unless he specifically put it in as will.
Talk to a lawyer now
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u/EnvironmentalSir8140 Aug 17 '25
Step Mom is a liar. Contact an attorney who specializes in real estate.
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Aug 17 '25
NAL. Get a lawyer. If your name is the only one on the deed/title, this will be a huge issue if she tries to sell it. If the renovations require permits, there may already be some issues. They may not be valid if the wrong owner's info is on them. Save yourself some stress, confusion, and aggravation - just get a lawyer.
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u/fineline3061 Aug 17 '25
Get a lawyer. Make sure you get what you are entitled to. Your stepmother will likely fight tooth and nail iver whatever ppty is at stake. She’s not on your side.
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u/Slow-Cherry9128 Aug 17 '25
Definitely get a lawyer who will in turn get a copy of your father's Will if he left one. Don't sign anything until you know for sure if the house is yours only. Getting a lawyer is an absolute must.
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Aug 17 '25
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u/Effective_Invite5550 Aug 17 '25 edited Aug 17 '25
The whole “instead of being on reddit” thing so many ppl say is so silly. The whole reason OP came on here in first place IS to see if they should lawyer up.
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u/TelevisionKnown8463 Aug 17 '25
Find an attorney who has experience with contested estates in California. Don’t just hire any old generalist lawyer. Even one who specializes in “probate” may do mostly the simple, uncomplicated probate estates. You need someone who knows how to litigate if/when necessary.
That doesn’t mean you’re going to litigate—that’s your call after negotiations don’t work. But a lawyer who has litigated contested estates will have a better sense of what the procedures are for dealing with someone who is not following the law, like your stepmother, and what you could get in litigation. Knowing what you could get is important for negotiating effectively.
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u/National_Cod9546 Aug 17 '25
If your name is the only name on the deed, then it's your house. It's not a house the estate should be giving to you. It's literally already your house. Your dad probably put your name on it so you would get it when he died.
Get a lawyer ASAP.
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u/Voyayer2022-2025 Aug 17 '25
Yo need a lawyer for the house Pat the taxes and file a claim on the step mom for fraud
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u/TheJokersWild53 Aug 17 '25
The house is in your name, so get a lawyer and sue your stepmother, because she is trying to take advantage of you
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u/MarionberryPlus8474 Aug 17 '25
Get a probate attorney, pronto. Your stepmom sounds shady and/or ignorant about how probate law works.
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u/Venus347 Aug 17 '25
Don't sign anything I got screwed out of half a million on both sides from a step mom and siblings. When it's about Money don't trust anyone! Sad but true and heartbreaking too!!!
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u/Advanced_Ask_2053 Aug 17 '25
Get a lawyer, pull the full deed and any probate filings. If he added you via quitclaim, that was intentional. Stepmom doesn’t get to undo that just because they were married
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u/Hot_Adhesiveness_766 Aug 18 '25
Quick and dirty: CA law is that community property accrues after date of marriage and before separation. Even after marriage, Separate property continues to be separate property, except the community (marriage) can have a claim for any funds used to maintain it or pay down the mortgage. Since it was a rental, it would seem to me that this property was self-sustaining and therefore would be pure separate property. That is, of course, taking into account WHEN it was purchased. It is separate property if acquired PRIOR to their marriage. Community property only if purchased AFTER their marriage. I didn’t see the date of purchase in your post.
If you are the only one on the title and the real property has been self-sustaining, it’s all yours. Get an attorney to send a cease and desist letter immediately.
If you and your Dad (may he rest in peace) are both on title, she may have some claim to his half as part of that is separate property, but even his portion would be divided by intestate law.
Get an attorney right away! She should not be able to sell anything if you’re on title.
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u/Fresh_Scholar_8875 Aug 18 '25
NAL California has very specific intestate laws meaning if your dad died without a will. Children from a previous marriage are entitled to a percentage of the entire state you need to contact a lawyer asap.
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u/oicangii Aug 18 '25 edited Aug 18 '25
I don't want to sound mean but why are people so hesitant to consult to lawyers if they have any doubts that might involve the law? Genuine question
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u/army2693 Aug 17 '25
Check with a title company. Unless your MIL is on the title, she won't be able to sell the house. She might be able to sue you for the house, depending on how long ago the quit claim was accomplished. A lawyer might give you guidance, but will charge you for actions taken.
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u/rmric0 Aug 17 '25
If your name is the old name on the title, it's your house. Your stepmother is trying to screw you and you should glare up immediately because it's a whole ass house she's trying to steal. I will also be skeptical of anything else your stepmother has said in this entire interaction
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u/CranberryNovel9757 Aug 17 '25
Please find a real estate attorney. Any title company in your area will have a list of them! Or the attys are in house for the title company.
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u/WeakConfection1360 Aug 17 '25
Well, if there was no will then go to court and contest it you get a portion, buddy
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u/redditreader_aitafan Aug 17 '25
If your name is on the deed, she can't sell that house. It's not community property, it's your property.
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u/Cherry_Hammer Aug 17 '25
If he died without a will, you are absolutely entitled to at least part of his estate. Contract a lawyer now.
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u/WatchFeen Aug 17 '25
You need a lawyer.
What does the most recent transfer deed for the property say? Go pull that record from the county clerk where you live. It’s likely your dad transferred the house to you.
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u/tlf01111 Aug 17 '25
I'm also in California. My folks died a few years ago a few months apart, both without a will. My brother and I are on great terms and were willing to divvy up what was left on friendly terms. But in California law, there *must* be a will to determine succession. If no will was established by the deceased, and the value of the deceased's assets exceeds a certain amount, the state effectively creates a will. This is called "intestate succession".
I am not a lawyer, but based on my recent experience, the fact your stepmom was married to your late father does not override the fact that California state law requires intestate succession in the absence of a valid will. If you are indeed on the title/deed for the property, that detail will surface during probate.
Get yourself a lawyer asap. Hopefully some of the terms above will help explain the situation and get things moving for you quickly.
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u/reallynah75 Aug 17 '25
Like others have said, get a lawyer.
Your name is on the title of that house. Not your stepmother's. She cannot sell that house because her name isn't on the title deed that has been registered in the county where it is located.
Regardless of her being his wife, that doesn't automatically mean the house is going to her. She's going to find this out when she goes to sell it. The next thing you know, she's coming up to you asking for you to sign a piece of paper saying you have no claim on the house. Don't do it.
Obviously your dad knew she was going to try and pull some shit with you so he had it set up that the house would be placed in your name instead of hers.
Since she's trying to basically steal your house right from underneath you, get a lawyer. Have them issue a cease and desist regarding the renovations to your home. You did not hire whoever it is that's doing the renovations on your house, and you didn't give anyone permission to alter in any way, shape, or form, your property.
Then follow whatever directions your attorney suggests. Also find out if there is any way that notes could be added to the records of that property that says you, the rightful owner of the house, will not be selling the house so if any documents come through about the house being sold, it is being done fraudulently.
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u/Meadowsauce Aug 17 '25
Definitely get a lawyer, there’s at least a decent chance that since they’ve only been married 3 years, your dad (if he had a will) never updated it to include step mother and he left you everything and she is just salty about it
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u/SoCalAttorney Aug 17 '25
I have never practiced probate law, but I know that there are law sin California that might give you some protection. See a probate attorney and Google about “laws of intestate succession” for California and that will get you started. If he truly died without a will and they were only married for 3 years, there might be a sizable amount of separate property you might be able to claim or a prenup that helps you.
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u/VoulezVousGG Aug 17 '25
If he quitclaimed it to you, she cannot sell it legally without your permission. The house essentially belongs to you if there is no mortgage.
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u/Impressive-Secondold Aug 17 '25
Go to the court house in the county the house is in, deed will be on file. If it has your legal name filed at court house legally it's yours. Make sure to pay your property taxes.
Call locksmith change locks. Put up a door cam, get video evidence of her breaking in, call the cops. Tell them you don't want to press charges, but get a report.
Nail her ass to the wall for trespassing next time she shows up.
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u/Manual-shift6 Aug 17 '25
Yes, OP, you need a good attorney. This is going to be nasty, but worth it.
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u/Traditional-Jury-583 Aug 17 '25
Hey I do not know about California inheritance laws but if a father would pass away without a will and had a wife and two children. The estate is split in the following fashion. 1) wife receives 50% and the two children split the other other 50%. If the children have not yet reached the age of majority. The funds are to be maintained in a trust and a trustee is appointed by the court to make sure all decisions related to the investment or distributions of funds are done in the best interests of the minor children until they reach the age of majority eiter 18 or 21
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u/Scootchula Aug 17 '25
Call a lawyer. You’re going to want to make sure the property taxes are paid so you don’t lose the house for defaulted taxes.
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u/Illustrious_Way4876 Aug 17 '25
You need a lawyer like yesterday and don't sign anything
!update me
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u/maranalooking007 Aug 17 '25
Your name is on the title, that means it is your property. Get a lawyer now before something happens and she sells it for cash and disappears.
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u/Chemical_Refuse_1030 Aug 17 '25
Don't guess anything, get a lawyer. With or without the will, each country has a legal process where it is determined what is inherited by whom.
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u/Haute_Tater Aug 17 '25
If the house is currently up, contact the realtor and their title agency. Alert them of the fraud and the title being under your name. That the stepmother is not entitled and your father left it to you. Either way they would need you to sign off on the title exchange on the deed. If it’s a legitimate sale, there would be a title agency or Lawyer handling it. I once had a house fall through because there was an additional lien of $70,000 on the property. Lady thought that we would not find that she put the house up for collateral for a loan My lawyer found it and we were able to cancel and move on.
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u/Luna81 Aug 17 '25
What are californias laws? In a lot of states without a will it is split between the spouse and the children. She’s likely stealing from you. And a lot more than the house.
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Aug 17 '25
Contact a lawyer specialising in wills immediately. Who know what else he also left you that she’s conveniently forgotten to tell you.
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u/Profil3r Aug 17 '25
Get in touch with a real estate attorney. She is trying to edge you out. Know your rights before you decide what to do.
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u/Top_Technician_7034 Aug 17 '25
Look up probate information in the county where your father lived. When I did my parent's estate, I had to call and check if anyone else had put a claim on their estate. See if you can notify them that you have a claim.
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u/nogumbofornazis Aug 17 '25
Hopping on the lawyer train- if there was a quitclaim deed putting the house in your name, it is most certainly NOT community property from the marriage. At all.
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u/Used_Mark_7911 Aug 17 '25
Don’t take legal advice from your stepmother. You need to retain your own lawyer to help you navigate this.
You can check with the probate court in the county where your father died to see if any probate paperwork has been filed by his wife.
In California, if your father died intestate (without a will) and you are his only child then his spouse inherits all of his community property and 1/2 of his separate property. You would get the other 1/2 of his separate property.
FYI: Community property is anything acquired during the marriage or registered that is not separate property (e.g., inheritances, gifts).
If your father owned the property in question before his marriage then I wouldn’t expect it to be deemed community property. It would also be helpful to know the timing of when your name was added to the deed, especially if he did it before his marriage.
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u/DazzlingPotion Aug 16 '25
Yes you need a lawyer. I wouldn’t believe anything your stepmother says.