Legal Question in Wills and Trusts in California
Brother dies instestate
My mother died leaving her residence per her will to my brother and I. My brother has now recently passed intestate. I have a copy of my mother's will and a copy of the petition to determine succession to real property that was filed naming my brother and I to the property (tennants in common).
My question is I researched the deed to the property that has my mother as the owner only. Does this petition take place of what is on the deed? Also am I now the sole owner of the residence considering my brother died intestate? Thirdly am I responsible for any of my brothers bills and debts even though I am not on any paperwork, bills etc. including the mortgage? I have no plans to take over the property since I live in another state. What do I need to do to get the property sold, can I contact the mortgage company and have them force a sale of the property to pay his debts and get whatever residual monies that are due to me from the sale or should I take some other course of action. please help me if you can
5 Answers from Attorneys
Re: Brother dies instestate
Assuming your brother's 1/2 of the property has a fair market value of $100,000 or more you need to file a full probate. His 1/2 would go to his next of kin. If no kids, no spouse, and parents both deceased then you would receive the whole house. You would be liable for his debts to the extent you receive assets (i.e. his half of the house). Can sell the house during probate if full probate is needed. If his 1/2 of house less than $100,000 then can do petition to determine succession to real property and sell after Judge approves it; about 6-8 weeks out usually. We do probate work thoughout California and would love to discuss your case with you in more detail. Call for John Palley. 88eight-920-five983. x405.
Re: Brother dies instestate
More details are needed. Your brother's estate will need to be probated as property values in California are very high now and it is likely that the property is worth more than $ 200K. Probate will deal with his debts. Call me directly at 16192223504. 18 years experience in all major California Counties.
Re: Brother dies instestate
you need to retain an attorney in the county in which your brother died as probate of his estate is likely necessary.
Re: Brother dies instestate
The property will probably have to go through the probate system to be passed on to you. Was your mother and the property in Cal. or North Carolina? That is important for determining where to file the probate petition.
Re: Brother dies instestate
The estate of your brother will depend on whether he had any children, or whether he died without issue. Call my office and we can discuss this further. Ask for myself, or my associate Jane Engelmann and remind us of the situation when you call.
Best Regards,
JDH, Esq.
619.298.1969
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