Legal Question in Real Estate Law in California

Re: Ineritance

Your question is impossible to answer without more information, so your brother should see a local probate/estate planning attorney. The exact procedures to use depends on how your mother left the property to your brother.

If you mom left a will, it may need to go through probate. If she had a living trust, there may be a simple affidavit to file with the county recorder's office and there are other possibilities.

As far as the tax consequences, there will be none except to the extent that your mother's estate might have to pay the federal death tax. That depends on the value of her estate.

Re: Ineritance

First, you don't say whether the home was held in a living trust or whether it passed under a will, or possibly he was a joint tenant. In the case of a will, a probate will be necessary, and hiring a probate lawyer is a practical necessity.

In the other cases, hiring a lawyer is optional but recommended. Your brother should obtain a number of certified copies of the death certificate and make copies of the trust, if any, and take these to the county tax collector, recorder, and any lenders. If he intends to sell the house, the broker will need copies, but it would not be necessary to change the title.

Anyone else named in a trust must be notified of the death and the succession of the new trustee.

If there is a trust, it is a good idea to contact the attorney who prepared the trust to see if the attorney has the original and/or if there are any later revisions.

There are many other practical considerations such as paying the routine bills, canceling subscriptions, re-directing mail delivery, closing accounts, handling utility services, paying property taxes, and so on. Professional assistance is always helpful.

Re: Ineritance

Transfer will depend upon how your mother held title to the home whether she had a will and some other factors.

Your brother should gather all the documents that he can get, i.e., deed, death certificates, will and/or trust (if mother made either or both) and meet with an attorney to discuss options and law.