How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Barrister Your Own Question

Barrister
Barrister, Attorney
Category: Estate Law
Satisfied Customers: 24612
Experience:  14 yrs estate law, real estate. Wills/Trusts/Probate
19958803
Type Your Estate Law Question Here...
Barrister is online now
A new question is answered every 9 seconds

My mother and her husband own a little piece of property in

Resolved Question:

My mother and her husband own a little piece of property in Ca.
My mother died in 2008.
*Does that mean her property is half mine by inheritance?
Her husband wants me to sign an Affidavit of Estate.
* Does that mean I release my interest in the property? Does that mean he can sell it without me and without giving me any part of the sale?
Submitted: 1 year ago.
Category: Estate Law
Expert:  Barrister replied 1 year ago.
Hello and thank you for using JA! My goal is to provide you with excellent service and help with your legal problem.
.
*Does that mean her property is half mine by inheritance?
.
This would depend entirely on whether they owned the property as "joint tenants" or as "tenants in common". If it was as joint tenants, which is common with couples, then when one owner passes, their interest extinguishes and the survivor owns the entire property. If they took title as "tenants in common" the each person's 50% would pass down to their heirs.
.
So you would have to look at the actual deed to see what it says about how they took title.
.
* Does that mean I release my interest in the property? Does that mean he can sell it without me and without giving me any part of the sale?
.
If he is wanting you to sign a "Small Estate Affidavit" then that just allows him to settle the estate without having to go through a formal probate case in probate court. As part of the affidavit, he swears that he will distribute any assets mother had in her name to her heirs at law. If she had no will, then her husband and children would be the heirs at law.
.
But it wouldn't waive your rights to receive any type of inheritance from mother's estate.
.

.

.

Thanks.

Barrister

.

.

Please remember to rate my service. If you need further help, just reply to me via the “REPLY” button and I will be happy to continue.

.

I cannot enter into an attorney client relationship, this is a public forum, and all posts are available for public viewing. There is no duty of confidentiality that attaches to any posts. The information provided is not a substitute for a local attorney’s legal advice.

Customer: replied 1 year ago.

Is the deed a 'public record'? if so where could I look to find that information?

Expert:  Barrister replied 1 year ago.
Yes, the deed would be recorded in the local Recorder of Deeds office in the county where the property is located. It is a public document so you can get a copy of it. In the actual written deed, it should mention either "joint tenants" or "tenants in common" in the first couple paragraphs of the deed.
.

.

.

Thanks.

Barrister

.

.

Please remember to rate my service. If you need further help, just reply to me via the “REPLY” button and I will be happy to continue.

.

I cannot enter into an attorney client relationship, this is a public forum, and all posts are available for public viewing. There is no duty of confidentiality that attaches to any posts. The information provided is not a substitute for a local attorney’s legal advice.

Barrister, Attorney
Category: Estate Law
Satisfied Customers: 24612
Experience: 14 yrs estate law, real estate. Wills/Trusts/Probate
Barrister and 2 other Estate Law Specialists are ready to help you
Customer: replied 1 year ago.

what does it mean to 'settle the estate'

Expert:  Barrister replied 1 year ago.
It just means that all mother's assets are gathered together, any debts are paid off, and the balance is distributed to the heirs.
.

.

.

Thanks.

Barrister

.

.

Please remember to rate my service. If you need further help, just reply to me via the “REPLY” button and I will be happy to continue.

.

I cannot enter into an attorney client relationship, this is a public forum, and all posts are available for public viewing. There is no duty of confidentiality that attaches to any posts. The information provided is not a substitute for a local attorney’s legal advice.

Customer: replied 1 year ago.

it had nothing to do with your advice, it was the service, they charged me $30 separately from the $60 unlimited program that I signed up for at the same time, but because i asked my question prior to signing up for the $60 monthly program for unlimited questions, they charged me $30 for the 1 question and $60 for the monthly unlimited questions.

Expert:  Barrister replied 1 year ago.
I understand. Sometimes the billing options are a little confusing. I don't know what you have to go through on your side, but I hear it is confusing.
.
.
Thanks
Barrister

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • My husband has been driving me insane with questions regarding estate issues since his mother died. I'm not a lawyer! Thanks to JustAnswer, I was able to calm his concerns. Loretta T Illinois
< Last | Next >
  • My husband has been driving me insane with questions regarding estate issues since his mother died. I'm not a lawyer! Thanks to JustAnswer, I was able to calm his concerns. Loretta T Illinois
  • Thanks Adam!! - A very direct and understandable response - you have been a great help! Happy Customer Ellicott City, MD
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
 
 
 

Meet The Experts:

 
 
 
  • Thomas McJD

    Attorney

    Satisfied Customers:

    3076
    Wills, Trusts, Probate & other Estate Matters
< Last | Next >
  • http://ww2.justanswer.com/uploads/MC/mclemorelawyer/2011-9-21_193631_IMGP8718Version2.64x64.jpg Thomas McJD's Avatar

    Thomas McJD

    Attorney

    Satisfied Customers:

    3076
    Wills, Trusts, Probate & other Estate Matters
  • http://ww2.justanswer.com/uploads/NY/nyclawyer/2012-6-7_22011_photo66139201112041.64x64.jpg Infolawyer's Avatar

    Infolawyer

    Attorney

    Satisfied Customers:

    3781
    Licensed attorney helping individuals and businesses.
  • http://ww2.justanswer.com/uploads/BA/barristerinky/2012-6-10_22423_office.64x64.jpg Barrister's Avatar

    Barrister

    Attorney

    Satisfied Customers:

    2188
    13 yrs estate law, real estate. Wills/Trusts/Probate
  • http://ww2.justanswer.com/uploads/RA/rayanswers/2012-6-7_23346_Untitled1.64x64.jpg RayAnswers's Avatar

    RayAnswers

    Attorney

    Satisfied Customers:

    1484
    Texas lawyer for 29 years in Estate law
  • http://ww2.justanswer.com/uploads/RO/RobertJDFL/2012-6-6_175352_7538220120606.64x64.jpg RobertJDFL's Avatar

    RobertJDFL

    Attorney

    Satisfied Customers:

    1226
    Experienced in multiple areas of the law.
  • http://ww2.justanswer.com/uploads/PH/philip.simmons/2012-6-7_161915_BIGPhilipSimmons.64x64.jpg P. Simmons's Avatar

    P. Simmons

    Attorney

    Satisfied Customers:

    770
    12+ yrs. of experience including estate law.
  • http://ww2.justanswer.com/uploads/RA/ratioscripta/2012-6-13_2955_foto3.64x64.jpg Ely's Avatar

    Ely

    Counselor at Law

    Satisfied Customers:

    754
    Fully licensed attorney in Texas in private practice.
 
 
 

Related Estate Law Questions

Chat Now With An Estate Lawyer
Barrister
Barrister
Attorney/Landlord/Realtor
3183 Satisfied Customers
14 yrs estate law, real estate. Wills/Trusts/Probate