Legal Question in Wills and Trusts in California
mom passed away she had a will the house goes to my brother,personal items to me and my sister and we can stay in the house as long as we are single,we get married then we have to leave.we pay any bills we are paying her equity loan that she left ,all 3 agree and want fulfill it ,do we have to go to probate,and still need an attorney,executor was my brother he passed away I have a death certicate,next in executor we to me?
3 Answers from Attorneys
If your mother left only a will, someone will need to file for probate for your mother's estate to transfer the house ownership to your brother. Did he have any children? Did he leave a will? You will also need to file for probate for your brother's estate, which consists of the house. If he did not have any children, you can then ask the court to transfer ownership to you and your sister equally.
You are not required to have an attorney to file probate, although hiring one would be in your best interest, since the probate system is difficult to navigate.
Scott Jordan is correct in his analysis of your currennt estate problem; you are strongly advised to obtain the assistance of a probate lawyer to help yopu navigate the probate system.
This is complicated enough that you really need to consult a probate attorney. Doing this incorrectly is likely to be much more expensive than engaging an experienced attorney to do it right.
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