Legal Question in Wills and Trusts in California
probate lawyer/realstate lawyer
My father bought a house in 1991,
has paid all the mortgage payments,
but the loan was in his mothers
name. His intention was for me to
inherit the house when he passed
away. I have lived in the house
paying the mortgage along with all
the bills since July 2007 and taking
care of my father, my father passed
away in jan of 2008. I have lived
here since and now my aunt and
grandmother have decided they want
to sale the house because it is in my
grandmothers name. Do I have any
legal rights here? My father did not
have a wil either.
1 Answer from Attorneys
Re: probate lawyer/realstate lawyer
Do you know how title to the home was held? If this was also in his mother's name, then there is not a lot of recourse for you. If it was in his name, then you should open a Probate proceeding, (because he had no will, Probate is the proper means of disposing of his estate).
If your father had any other assets, then these should also be included in the Probate. If you were his only child, then you are the first in line for intestate succession (inheretence of estate without a will). First the Court looks to issue (children) then to parents.
If you would like to discuss this matter further in a more private forum, please feel free to contact me directly at the email address provided by LawGuru or through our firm�s website located at PasadenaEstatePlanning.com
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