Legal Question in Wills and Trusts in California

Re: title transfer/probate

Good morning and happy 2009! Assuming the property is worth more than $100,000 then a full probate is most likely required. Your best bet is to hire an experieneced and efficient probate attorney. I perform probates throughout California. Since Court appearances are only by Court Call I can be very efficient. I am a certified specialist in estate planning as determined by the state bar of California board of legal specialization. I also am the Sacramento Bee's estate planning and probate "expert" for 2009. Please call me to discuss your case. -John

Re: title transfer/probate

You are likely going to have to go through probate as that is the method of getting a court order to change title to you as your mother's heir.

Re: title transfer/probate

At this point, you have no title to the house. Living there does not confer title. As Mr. Donner states, you have to go through probate to have the court find you the sole heir and issue a judgment that the property be given to you. Without formal title, you can not get a loan on the house nor sell it. If you are the only heir and the house the only asset, you may be able to handle the probate yourself; there are various books from Nolo Press that can be helpful. You might want to speak for an hour or two to an attorney who handles probate matters just so your are sure of what you are doing.