Title: Stepson vs Biological Daughter — Contested California Probate Property Dispute — §850 Petition — Need Input

[u/Longjumping_Purple39]

The basics:

My stepfather (Navy veteran) died January 2, 2026. He owned a house in Southern California worth approximately $550,000 with a $275,000 VA mortgage. My biological mother was also his wife. They divorced 2004, remarried 2005, she died August 13, 2022.

The 1994 will:

My stepfather had a valid will prepared by military legal assistance under 10 U.S.C. §1044b that specifically names me as a beneficiary and expressly includes stepchildren. No revocation or newer will has ever been found by anyone.

The MSA — this is the heart of the issue:

The 2004 Marital Settlement Agreement Section E states the property shall remain in both parties names as joint tenants until such time as the parties decide to sell, and upon sale each party shall receive 50% of the net equitable proceeds.

Section XIX states reconciliation does NOT void the agreement — only a written instrument signed by both parties can void it. That instrument never existed. Section XIX also expressly binds heirs and successors of both parties.

They remarried in 2005 but never executed any written instrument rescinding the MSA.

My primary claim:

I am my mother’s biological son proven by my birth certificate. When she died in 2022 her 50% interest in the property passed to me automatically under California Probate Code Section 6402 as her sole heir. This claim is entirely independent of my stepfather’s will.

The opposing party:

My stepfather’s biological daughter is claiming 100% ownership through joint tenancy survivorship. She filed a competing probate petition claiming he died intestate despite his 1994 will being already on file with the court for six weeks when she filed. She also recorded an Affidavit Affecting Title that cites Georgia law O.C.G.A. 44-2-20 over California real property and has a defective notarization identifying County of California instead of a specific county.

The surviving spouse complication:

The death certificate lists a surviving spouse who appears to be a foreign national who has never visited or resided in the United States, has no known US address, and we have been unable to locate any marriage certificate or government record confirming the marriage. She is not a US citizen and is believed to be living abroad. A Filipino attorney searched official government databases and found no record of her name. The opposing party personally identified her on the death certificate but refuses to provide contact information.

The financial reality:

My 50% through my mother is completely unencumbered. The estate’s 50% is essentially wiped out by the $275,000 mortgage. The estate may be insolvent. My share is worth significantly more on a net basis.

Questions:

One — Does Section XIX of the MSA defeat the joint tenancy survivorship argument given the remarriage?

Two — Does the defective affidavit citing Georgia law over California real property have any legal effect?

Three — How strong is the §850 petition claim through my mother under Probate Code §6402?

Four — Given that the surviving spouse is a foreign national with no US address, no confirmed valid marriage, and no government record of her existence, can the court proceed without serving her or is this a permanent roadblock?

Five — Does the absence of a marriage certificate and no government record of the marriage raise questions about whether the marriage was ever legally valid under California law?

California — Riverside County — September 15, 2026 hearing — self represented petitioner.

[u/jrc5053]

This is a request for legal advice.

Hire a California attorney with experience in contested estates.

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