Legal Question in Wills and Trusts in California

My mom died without a will in May. 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 name. 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, cr insurance, registration, etc. I maintain the house; pay for repairs, etc. I also pay on credit card bills left behind. I don't ask for their assistance; therefore, I feel shouldn't have to pay rent. Also, one brother is now pushing to sell. Can he force a sell or do anything without our joint permission.


Asked on 8/29/09, 9:59 am

1 Answer from Attorneys
Donald Field Donald L. Field, Jr., Attorney at Law

if the home is in your mother's name only, probate will be required. you should contact a qualified attorney in the county in which your mother died to assist you with filing a petition for probate and answering your other questions relating to your living in the home.

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Answered on 8/29/09, 12:12 pm


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