Legal Question in Real Estate Law in California

I have a client that died and only his name is on title for his home. It was given to him by his parents. The mother is still alive but the father passed away. How do the get the title for the home transferred to his brothers and his mother

Asked on 4/26/15, 4:37 pm

3 Answers from Attorneys

Gerald Dorfman Dorfman Law Office

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Since title was only in his name, the home is part of his "estate". If he has a will, it should cover who gets the home. If no will, it passes according to the law of "intestate succession". Assuming he has no heirs you did not mention (like a spouse or child), intestate succession provides for his entire estate to go to his mother. Of course she is free to do with it what she wants, once she gets it. "Probate" is the court process used to administer and distribute estates. Sometime probate may be avoided by a simpler procedure. For example, in this case, if the entire estate were worth less than $100,000.00, an affidavit procedure might be available.

Answered on 4/26/15, 5:34 pm

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Bryan Whipple Whipple Law Office

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I agree with the previous answer, except I'd say "If he has a will or trust......" Many people these days have their property in a living trust, with someone else taking over as trustee upon their death.

Answered on 4/26/15, 7:47 pm

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