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.


Asked on 5/10/09, 11:14 pm

1 Answer from Attorneys

Scott Linden Scott H. Linden, Esq.

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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Answered on 5/11/09, 2:31 pm


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