Legal Question in Real Estate Law in California

Re: mom died left no will

If the "form" is a representation agreement, you need to understand that Bar rules require an attorney to have a written fee agreement with every new client where the fee is likely to exceed $1,000, whether it is paid up front, on completion, or is contingent.

My advice is to choose the best of the lawyers you've consulted, and sign up. Your choice should be based on (1) the lawyer's experience in the area of probate administration, (2) the lawyer's apparent ability to take on and handle your case without delay or getting it into an already excessive backlog, and (3) your personal feelings about the lawyer, including ease of access, both on the phone and when you have to make an office visit. Prior experience with handling probate matters is very important; you don't want a general practice person or a real estate specialist - unless of course they also have done a significant amount of work before the probate court.

Re: mom died left no will

Both other attorneys are correct in their answers, but you likely will need to probate her estate in order to get a clean title. No one would buy or lend you money on something not in your name. There will be no probate taxes and with some guideance you might be able to do so of the work yourself to save money. You will need an attorney to figure out what part of the equity should go back to you to cover all the payments you did make [I assume you did not take the standard deduction in paying your taxes; if you did then redo Form A to see if listing your specific deductions makes filing three years of amended returns worthwhile]. You need to check as to whether you are entitled to the $250,000 exemption on profits from selling your home since you were not the legal owner while you have lived there.

There are too many issues for you to be able to handle this by yourself, and the error you make will delay your getting any money from the house and your losses will be greater than the attorney fees you pay.

Re: mom died left no will

If every lawyer you have consulted is telling you the same thing, maybe they are right.

Re: mom died left no will

I don't understand what you expect on this site. If every lawyer you have talked to will take your case, with no money up front, I imagine all they want you to sign is a retainer agreement. What is your hesitation? Go to one of these lawyers and retain him/her to transfer the title for you.