Legal Question in Wills and Trusts in California

Real Estate of a Deceased Family Member

My mother died about 3 days ago and she owned a house. She didn't have a will, but I'm her only child, she is not married, and has no brother's and sisters. She has left everything to me. She still owes on her mortgage. I was wondering if it is necessary for me to get an attorney to take care of the house situation. At this time I'm unsure if she had insurance to cover the entire cost of the house afer her death. Will the house go into probate? What is the best thing for me to do?

Asked on 1/13/08, 3:44 am

7 Answers from Attorneys

Vandy Moheban Lee & Moheban
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Re: Real Estate of a Deceased Family Member

I would have to review the deed in order to let you know for sure what needs to be done. I would be happy to look up the deed and review it Free of charge if you wish. You may contact me directly at 1.877.664.3226 to discuss.

For more information see: www.mohebanlaw.com

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1/17/08, 6:14 pm
Joel Selik www.SelikLaw.com
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Re: Real Estate of a Deceased Family Member

You need to look at how the deed is stated. If you are on it as joint tenant you can avoid probate.

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1/13/08, 9:44 am
J. Caleb Donner Donner & Donner
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Re: Real Estate of a Deceased Family Member

Generally, because of real property (house)you will need to open a probate in order to get the property transferred.

You should find out how she held title, i.e., was it in her name alone, or were you also on title.

You should contact an attorney to discuss your options, find out the state of the title.

Let me know if you would like to discuss this.

Caleb

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1/13/08, 11:15 am
John Palley Meissner, Joseph & Palley, Inc.
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Re: Real Estate of a Deceased Family Member

You need to do a full probate. You do not have to use an attorney but it certainly makes it easier. Your probate would be very easy for an experienced probate attorney like myself. I would gladly do your case on an hourly basis, rather than statutory fee, and that would save you a lot. All Court appearances would be by CourtCall so I would never actually have to appear in person. Call me Monday morning if you want me to explain the whole process to you.

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1/13/08, 12:16 pm
Joshua Hale Hale Law Group
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Re: Real Estate of a Deceased Family Member

Legally you never need an attorney. However, depending on your mother's deed, and how much is owed (determining actual value of home) you may need to go through probate. If you would like to discuss this further with an attorney in San Diego county please let me know at your earliest convenience.

JDH

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1/13/08, 1:53 pm
Mitchell Roth MW Roth, Professional Law Corporation
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Re: Real Estate of a Deceased Family Member

She did not leave everything to you if she did not have a will. But, under the laws of intestacy (without a will), under the circumstances you describe, you are the sole heir. Nevertheless, the house will have to go through probate. You must file for letters of adminstration in the probate court, make the mortgage payments and collect and distribute the assets in the estate, one way or the other. Its best to hire a lawyer to assist. The legal fees are based upon the value of the estate and must be approved for payment by the court before they can be paid.

Sorry for your loss.

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1/13/08, 6:43 pm
Phillip Lemmons, Esq. Phillip Lemmons APC, Attorneys at Law
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Re: Real Estate of a Deceased Family Member

You need to open probate through intestate succession. The house will go to you, but if you cannot pay the mortgage it may have to be sold.

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1/27/08, 4:32 pm

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