Legal Question in Wills and Trusts in California

Probate

My husband passes away leaving a house with his mother's name an his name on it. She wants me an my duaghter to sign over the estate to her i don't want to do this How much will it cost for representation for my daughter an my self to have . thank-you


Asked on 3/31/08, 1:30 pm

3 Answers from Attorneys
Mitchell Roth MW Roth, Professional Law Corporation

Re: Probate

I don't know. It will vary depending upon the rates of the lawyer you choose and the amount of work reqiured.

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Answered on 4/02/08, 12:34 am

Re: Probate

You really need to have a sit down consult with an attorney. You need to find out how title is held, where the money came from for the purchase of the house, when was the house purchased and some other questions.

If the house is in your husband's name, at least partially, then there will have to be a probate to transfer title.

I would be extremely hesitant to "sign over" anything to an inlaw that may ormay not have your best interests in mind.

Caleb

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Answered on 3/31/08, 1:34 pm
Phillip Lemmons, Esq. Phillip Lemmons APC, Attorneys at Law

Re: Probate

If the property was held in Joint Tenancy, then husband's mother will get the house, if it is tenants in common then you will have to open probate on your husband's estate. the fees depend on the value of the estate, which is roughly 2 percent.

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Answered on 3/31/08, 1:37 pm


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