Legal Question in Wills and Trusts in California

My father recently passed away he did not leave a will.. My sister said i can have the house and it is just her and I. Can I move into the house while the house is going through probate? Will there be any issues?


Asked on 2/28/10, 12:20 pm

3 Answers from Attorneys

Robert F. Cohen Law Office of Robert F. Cohen

I would suggest that you and your sister prepare a written agreement, dated and signed by both parties stating that, pending disposition in probate, you will live in the house and be its caretaker without having to pay rent, although you alone will be responsible for paying for its upkeep. It's just a precaution in case issues come up later. (I assume there are no other siblings.)

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Answered on 3/05/10, 1:03 pm

If you ever want to be able to sell or re-fi the house you have to clear title. Might as well do it now. Probate Court will be necessary. Call me to talk about the details. -John

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Answered on 3/05/10, 1:05 pm
James Bame San Diego Law Office

How does your sister feel about it? You may have to pay her some rent. Contact me directly for assistance with the probate and other issue.

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Answered on 3/06/10, 11:00 am


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