If my mother passed away without a Will and she was an owner of property which is split wa3s between family, what do we need to do to get it into our names?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
If my mother passed away without a Will and she was an owner of property which is split wa3s between family, what do we need to do to get it into our names?
Asked on June 12, 2013 under Estate Planning, California
Answers:
Nathan Wagner / Law Office of Nathan Wagner
Answered 11 years ago | Contributor
Do you mean that the property was already split 3 ways (in other words, your mother owned 1/3)? Then the other 2/3 will not be transfered, but will remain with its current owners.
You will need to petition the probate court to transfer her 1/3 to her heirs. Because she had no will, you and your brothers and sisters (if any) will probably be her heirs. In California, if your mother's 1/3 interest is worth less than $50,000 or her entire estate is less than $150,000, you can use a summary probate proceding, which should be shorter and less expensive than a full probate proceding.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.