What do we need to do to put the family home in my sister’s name after mom passed away? 8 Answers as of October 20, 2014

My mother just passed. She has 5 adult children and a live in boyfriend. She left no will. All of her children agree to put the house in our sister’s name as she has lived near our mom and cared for her the most.

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Irsfeld, Irsfeld & Younger LLP | Norman H. Green
Somebody files a petition for probate. Four of you file assignments of your interests in the estate to Sister. The four of you also file gift tax returns.
Answer Applies to: California
Replied: 10/20/2014
Law Ofices of Edwin K. Niles | Edwin K. Niles
If title is in Mom's name alone, probate will be necessary to pass title. Please see a probate lawyer.
Answer Applies to: California
Replied: 10/17/2014
WFB Legal Consulting, Inc.
WFB Legal Consulting, Inc. | William F. Bernard
Unfortunately, from the way your question is phrased, unless your sister was on title with your mother, you will have to open up a probate proceeding. *DISCLAMER: The information provided by WFB Legal Consulting, Inc. is disseminated for educational purposes only, and is not to be construed as legal advice. Do not take any action, postpone any action, or decline to take any proposed action based on this information without first engaging the representation of a licensed attorney at law in your State of residence.*
Answer Applies to: California
Replied: 10/17/2014
Law Offices of George H. Shers | George H. Shers
For title to the property to pass, the house must be probated. The live-in-boyfriend has no legal right to the house or any part [unless he can convince a judge that he put money into the house or paid some of its expenses so is entitled to get back his contribution, but that is a weak argument as often even a spouse can not successfully make it, but you should check with a local probate attorney]. The four children could then all decline to take any share and quit claim their interests to the one sister [or them could take their interest and then quit claim it, but there is no advantage to doing it that way; there is no inheritance tax on the amount taken by an heir and none on the estate if it is below a certain fairly high amount it varies depending on the year of her death. It probably is best to see a local probate attorney and see what is the best way to go. Most will not charge for a 15-20 minute discussion.
Answer Applies to: California
Replied: 10/17/2014
Law Offices of Frances Headley | Frances Headley
With no will or other estate planning instrument, the property will have to be probated to get the title into the sister's name. You should consult a probate attorney for assistance with the process.
Answer Applies to: California
Replied: 10/16/2014
    Danville Law Group | Scott Jordan
    I would need more information before providing an opinion. With that said, it is most likely that your mother's estate will need to be probated. Once the estate is ready for distribution, the heirs can decline to take from the estate and the court will order the house transferred into your sisters name.
    Answer Applies to: California
    Replied: 10/15/2014
    Law Office Of Victor Waid
    Law Office Of Victor Waid | Victor Waid
    Contact a probate attorney to file a petition in probate court, to probate the estate of your mom; during the course of the proceeding you and your siblings can decline your respective share in the estate in favor of the sister who took care of your mom at the end of the probate proceeding this will allow the court to order the title to the house to be put into your sister's name.
    Answer Applies to: California
    Replied: 10/15/2014
    James Law Group
    James Law Group | Christine James
    A Petition for Probate will have to be filed where everyone assigns their interest to the sister. It is advisable that you use the services of an attorney to make sure it is done right.
    Answer Applies to: California
    Replied: 10/15/2014
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