Legal Question in Wills and Trusts in California

My mom died without a will in May. My dad died years ago. She didn't' have money, but she did own a home and a truck. I have three siblings. We are assuming the home would go to each of us equally. Correct? How do we transfer the home into our names? Or should we? We had decided we would keep the home and not sell it. I am currently living in it. Can they force me to pay rent? I pay all associated bills, property taxes, house insurance, car insurance, registration, etc. I maintain the house; pay for or make any needed repairs, etc. I also pay on credit card bills left behind. I don't ask for their assistance with any of that; therefore, I feel shouldn't have to pay rent. And if I do pay rent; then they should help equally with all of the household expenses/repairs, etc. Also, one brother is now pushing to sell. Can he force a sell or do anything without our joint permission? Do we have to go through probabe and if so can my sister and I be joint administrators. We were jointly her power of attorney with equal say when she was alive.


Asked on 8/29/09, 10:06 am

1 Answer from Attorneys

You will need to file some sort of probate Court petition. If the house, and truck, are worth more than $100,000 then a full probate is required. If under $100,000 in value there are other options. You should get it into your names so you eventually sell it. If you wait it's possible the others could start a probate and then charge you back rent for years worth of back rent. Then you would get nothing. Your best bet is probably to take the bull by the horns and get the probate going. It's usually better to be in charge so it's likely you will want to be the Administrator. Also, I would stop paying your mom's credit cards. They often will negotiate a reduction after death when it's in probate. I am a certified specialist in probate law and perform these cases throughout California. Please call me Monday morning if you want to discuss your case in more detail.

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Answered on 8/29/09, 10:39 am


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