Legal Question in Wills and Trusts in California

I am sorry for your loss.

Assuming that your parents house was located in California ownership would pass by your remaining parent's will, assuming they had one. If there was no will then all of their property would pass through what is called "intestate succession", which typically requires property to go equally to the children following the death of the parent.

Your brother might be entitled to an offset for the mortgage payments that he has been making. Or, it is possible that he might be obligated to pay rent for the time that he is staying there. Of course, to transfer title to the home from your now-deceased parent you will probably need to go through the probate process. This is a court process where creditors are given notice and an opportunity to make claims against the estate.

At the end, remaining property is distributed to the heirs.

Attorney's fees and administrator's fees are generally paid out of the assets of the deceased's estate.

You should discuss this matter witha local attorney in the area where your deceased parent resided upon their death.

Let me know if you would like to discuss this.

Caleb

email: [email protected]

I am sorry for your loss of your parent.

If the house was located in California and there is no will the property would pass to the children equally through probate.

Attorney's fees and administrator's fees are set by statute and are generally paid out of the assets of the estate.

Please contact me if you would like to discuss this further.

Good luck and thank you for your inquiry.