Legal Question in Real Estate Law in California

My husband passed a year ago and left no will, and my name is not on the deed, I want to get the house in my name ,I have 2 special needs children from this marriage, please help. thank you


Asked on 8/06/10, 1:40 am

3 Answers from Attorneys

Anthony Roach Law Office of Anthony A. Roach

You are going to have to open probate to pass title to you. There is no other way to do it based on the factual information you have given us.

Read more
Answered on 8/11/10, 8:17 am
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

The situation where a person dies without a will (or trust) is called intestacy. The Probate Code has rules for who inherits what. See Probate Code section 6401 for the basic rules. As surviving spouse, you'll probably now own 100% of the community property and one-third of your husband's separate property, with the two children receiving the other two-thirds of the separate property, but there could be other results. The only way to straighten out title to real property in such a situation is to go through probate, See a probate attorney in the county where the real property is located. It would be handy to take a couple certified copies of the death certificate with you, if you have them.

Read more
Answered on 8/11/10, 8:57 am
Terry A. Nelson Nelson & Lawless

You have to file a Probate action for his estate. Consult with a local probate attorney for help.

Read more
Answered on 8/11/10, 5:40 pm


Related Questions & Answers

More Real Estate and Real Property questions and answers in California