Posted by MarkB_MI on November 01, 2021 at 04:58:17 from (96.59.224.67):
In Reply to: Thought it was mine posted by 37 chief on October 31, 2021 at 15:37:43:
Stan, I don't understand 'Mom left him the house he never transferred it out of her trust to himself'. Either the house was in the trust or it was not; if it was in the trust she couldn't leave it to him in her will. I'm guessing it was in the trust but she expressed her wish that it go to your brother. Since you're the trustee, it's entirely up to you do determine what to do with the house.
The big question is, was your stepbrother a beneficiary of the trust? If he was, then he was entitled to a share of your mom's trust. If not, he wasn't.
The next question is, did your natural brother leave a will? If he did, the will would dictate whether or not your stepbrother was entitled to a share of your brother's estate.
My guess is he died intestate, which means state law determines who his heirs are. California law gives HALF-brothers the same rights to an estate as full brothers. But I don't think this carries over to STEP-brothers who don't share a parent with the decedent.
If it was me I'd tell them to go pound sand. Of course my advice is worth, at the most, what you paid for it. Pay Lawyerman, and follow his advice.
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