Legal Question in Wills and Trusts in California
My mother past away in 2007 leaving a will and every thing to me (son). I moved to L.A. and have lived in her condo which is willed to me and payed it off. How can I change the name of the property to myself and sell. I am on disability and have very little $. I no nothing about probate.. I am the solesurviver.
3 Answers from Attorneys
Based on what you have written and assuming the market value of the property is at least $100,000, a probate will have to be opened. The process takes about a year to complete, generally speaking. Attorney fees are paid at the end and are a percentage of the estate. Since you are on disabilty, you should determine what effect the sale of the property will have on your disability benefits.
You are not going to be able to transfer title to real property into your name without going through probate.
The other attorneys are correct that you must go through probate. A simple probate need not take anywhere near a year. Nolo Press publishes a very good book on how to probate a simple estate without an attorney. You can order a copy on their website at www.nolo.com.
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