Legal Question in Wills and Trusts in California
brothers estate
My brother passed away in 2006 without a Will. Iam the last surviving relative ,sister, he owned a home, do I need to go through Probate to put his home in my name?? Where do I start/
5 Answers from Attorneys
Re: brothers estate
If there is real property in the estate you are likely going to need to probate the estate.
It is possible to do it yourself but you are setting yourself up for a lengthy, involved process.
Recommendation is to hire an attorney to do it for you. He or she will get paid a fixed percentage based on the value of the estate.
Good luck.
Caleb
Reply: brothers estate
In a general sense, you will have to go through probate to transfer title in and to his real property to you as his sole heir at law.
For a specific opinion regarding your individual circumstances, I suggest that you consult with an experienced family law lawyer. Experience is not expensive, it's priceless!
You will find some valuable information on various California estate planning and family law issues by visiting my web site.
Good luck to you!
Brian Levy, Esq.
www.calattorney.com
Re: brothers estate
you will need to file a petition for probate of your brother's estate. you should retain an attorney in the county in which your brother died to assist you.
Re: brothers estate
You need to file a probate petition of some type. If under $100,000 in gross value you can file a "mini" probate under probate code 13150. Assuming it's over $100k in value then you need to file a full petition for probate. I highly recommend you find an attorney who does a lot of probate work as we make it much easier for you. I personally will file close to 50 probate estates this year and thus know all the in's and out's of probate and make the process as easy as possible for you. Please email or call me with any questions. -John
Re: brothers estate
Yes, you will have to probate the estate unless the house is held in joint tenancy and the remaining estate subject to probate is less than $100,000.
Unless you are very good with forms and have done a probate before, I suggest you contact an attorney nearby to assist you with the probate process.
If I can be of assistance, please let me know. In any event, good luck.
Sincerely,
Kai H. Wessels, Esq.
(Tel.: 877-Wessels)
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