Legal Question in Real Estate Law in California

Re: Real Estate

The probate court will expect rent to be paid, and since it's likely you'll all be sharing ownership of the house, along with its expenses, you are probably better off to work out a solution with them now, which can take the property expenses and your presumed share of the estate into account.

Otherwise, one of them can petition for probate, even on an ex parte basis, to get the authority to win an unlawful detainer judgment against you.

Re: Real Estate

I will presume that he left no widow. Whether the matter goes throug probate or not, the same rules apply as to who gets what[if there is more than $100,000 in equity in the house it must go through probate]. All of the heirs are equally entitled to live in the house since it will be split among you. The rent you would normally pay for a similar place to live is an asset of the estate. If you have not prevented any of your siblings from living there, but rather they have no interest as they have their own homes, you might still owe rent as you are gaining an economic value and they could rent the place out and put the rent money into the estate. Afterall, why do you think you do not have to pay rent but get to stay there? Once legal title is established, they would have the right to go back to when your rental began to collect rents for that enitre period of time.

The only way you will get out of having to pay rent is to me nice to them and not argue that at some point you do have to pay rent to them.

Re: Real Estate

If there was no will or trust covering the disposition of the property, then probate is required to determine and transfer title to the new rightful owners, whoever they may be. Assuming he had no wife, then all siblings would have an equal interest in the personal and real property, and in rental value. If you are serious about filing a probate action as required, feel free to contact me.

Re: Real Estate

If there is a house involved, then the total value (not counting any liens, mortgages or other encumberances) is most likely over $100,000. Therefore, you WILL need to start a Probate to effectuate its transfer.

Our office specializes in Probate, Wills, Trusts and Estate Planning so I am certain we can assist you with the Probate as well as the rent issue.

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

IMPORTANT:

No attorney-client nor confidential relationship is created through this communication. You may not rely in any way on this communication, and nothing herein constitutes legal advice nor legal opinion. Your issue may be time-sensitive and may result in a loss of rights if you do not obtain an attorney immediately.

Re: Real Estate

You may file for probate as executor and finalize the transfer of title to the heirs. It is best to have an attorney in family matters so that your relationship with your sisters is not seriously damaged. You can always pass any harsh feelings on the attorney and sheild yourself. You will also be assured that your rights are protected. Do you all live in the county where the house is? Contact me directly.