What steps should my brother and I be taking for the home after mom passed? 6 Answers as of March 16, 2015

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Law Ofices of Edwin K. Niles | Edwin K. Niles
It depends on (1) the way that title stands, and (2) whether Mom had a trust, a will, or neither. If title is in Mom?s name, and she did not have a trust, probate will be necessary in order to pass title. You should have a talk with a lawyer in the County where Mom resided. You can contact your LOCAL bar association for a referral to a lawyer who specializes in wills, trusts and estates.
Answer Applies to: California
Replied: 3/16/2015
Irsfeld, Irsfeld & Younger LLP | Norman H. Green
Did Mom own it? Individually or in a trust? Did she leave a will? Answer these questions and see a lawyer. Be sure to file a Change of Ownership Statement and a Claim for Reassessment Exclusion on Transfer from parent to Children. Nothing is automatic.
Answer Applies to: California
Replied: 3/16/2015
Law Office of Patricia A. Simmons
Law Office of Patricia A. Simmons | Patrica A Simmons
If your mother did not have a living trust and the total value of her estate is over $150,000.00, you will need to initiate probate proceedings in order to have the real property transferred in to both of your names. If title was held in joint tenancy, are the other joint tenants deceased? Steps to take: Determine whether or not she had a will, the original is needed to start probate Names and addresses of all heirs and/or all individuals named in the will Copy of grant deed List of all creditors You may download copies of the documents needed from your county's superior court website.
Answer Applies to: California
Replied: 3/16/2015
Law Offices of George H. Shers | George H. Shers
You need to clarify whether your mother has already died [in which case you need to go through some form of probate to get title to be changed unless was held in joint tenancy] or you are doing estate planning for when she does die.
Answer Applies to: California
Replied: 3/16/2015
Law Office Of Victor Waid
Law Office Of Victor Waid | Victor Waid
Not knowing what the title to the property looks like, you both should see a probate attorney to probate the estate of your mother, which includes the house.
Answer Applies to: California
Replied: 3/16/2015
    James Law Group
    James Law Group | Christine James
    You will likely have to file a Petition for Probate (unless the gross value is less than $150,000) to clear title so that you can either sell it or put your and your brother's name on it. I suggest speaking with a probate attorney. Even though probate fees are set by statute, they can still be negotiated so keep that in mind. Good luck.
    Answer Applies to: California
    Replied: 3/16/2015
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