Legal Question in Wills and Trusts in California

What will happen with house?

My mother recently died leaving no will. The only heirs are me and my brother. We each have 3 kids. I have been living in my Mom's house for the past year helping her make the house payment. I have 2 minor children still living with me here. Mom had no health insurance and is leaving a hospital bill of many thousands of dollars. She also has about 8-10k in credit card debt. Her only assets are the house with about 10k equity and a 89 Honda. I want to keep this house and can make the payments. My brother has no problem with me staying here. The house is in Mom's name only. Do we have to do a probate? Can we just make arrangements to pay Mom's bills in monthly payments? Or, if we pay all of the bills off now will we still have to do probate? My brother and I would like the house in both of our names.


Asked on 2/20/00, 3:53 am

1 Answer from Attorneys
Ken Koury Kenneth P. Koury, Esq.

Re: What will happen with house?

the estate sounds small enough that you can probably avoid probate but there are other options you should look at. for example, if the equity in the house is less than her debt you might be better off buying the house from the estate and leave the creditors holding the bag. you should consult an attorney to evaluate all options.

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Answered on 2/24/00, 12:20 am


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