What is my best remedy to legally take our house? 4 Answers as of October 03, 2013

My mom passed away and she didn't have a will. I want to get our house.

Ask a Local Attorney. 100% Anonymous. Free Answers.

Free Case Evaluation by a Local Lawyer: Click here
Stephens Gourley & Bywater | David A. Stephens
To get her house you will need to file a probate action.
Answer Applies to: Nevada
Replied: 10/3/2013
Janke Legal Consulting | Bruce C. Janke
You will have to file a probate proceeding in the Superior Court. I assume your mother wasn't married at the time of her death? If not, then the court would award all of your mother's assets to her children in equal shares. You can then record the court's judgment, which transfers ownership to you and your siblings (if any). You might be able to file the probate case yourself with the help of a book and/or paralegal. It would be best to first meet with a probate specialist attorney and learn as much as you can even if you don't hire him/her. Most lawyers will provide free initial consultations. But even if you have to pay for a half hour of advice, it will be well worth it.
Answer Applies to: California
Replied: 10/2/2013
Danville Law Group | Scott Jordan
The only legal way to do what you want is to file a probate petition for your mother's estate. Whether you alone are entitled to inherit the house depends on the number of siblings you have and the size of your mother's entire estate. I provide a free 30 minute telephone consultation if you would like to discuss this matter further.
Answer Applies to: California
Replied: 10/2/2013
The Law Office of Darren Aronow, PC
The Law Office of Darren Aronow, PC | Darren Aronow
You would have to go through the probate courts since she died without a will.
Answer Applies to: New York
Replied: 10/2/2013
Click to View More Answers: