Legal Question in Wills and Trusts in California
My boyfriend passed away Oct. 2009 and there is no will. The family consulted a probate attorney who advised us not to go through probate because the condo is upside down. Can the children go to the courthouse with birth certificates and a death certificate to change their names to the title to claim ownership?
1 Answer from Attorneys
Unfortunately, to answer your question requires a lot more information than what you have provided. Assuming that the condo was in your boyfriend's name only and not in any joint tenancy, then it is possible that the property would pass to his heirs by a statutory right of intestate succession. This would require initiating a probate proceeding and obtaining a court order. You should discuss this situation with an attorney who will be able to review all of the pertinent facts with you.
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