Legal Question in Wills and Trusts in California

joint tenants
My brother passed away 2 years ago WITHOUT A WILL, I was just about to start Probate and got the Deed and the property is still in joint tenants with our Dad, who passed away in 2002. The Deed reads undivided 1/2 intrest as joint tenants. So whats ny next step Im the only serviving family member.. they where both single at the time of death,,,can a Paraleagal do the Probate or do I need a Lawyer ??

Asked on 12/06/06, 8:48 pm

3 Answers from Attorneys

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Re: joint tenants

It sounds like dad died first which puts the house into your brother's name. Filing an affidavit of death of JT (and related forms) will handle that. From there a probate to clear title from your brother to you (and any other siblings) is needed. Though an attorney is not required by law I like to think that a GOOD probate attorney makes life much easier for a person. We know which documents to file, when to file them, where to file them, what to look out for, we have contacts to help with the real estate, etc.... More importantly when things are not done exactly right in a probate the Court continues the matter for a month. Continuances can add up. I do not do continuances! I get it right the first time so that your probate can end in 7 months (the legal minimum total time for a probate). If you would like a free consultation to discuss your case please call me and mention that I offered a free consultation on lawguru.com If you call in the early morning hours my extension is 405.

Answered on 12/07/06, 9:02 am

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