Real Estate Law
Have Real Estate Law Questions? Ask a Real Estate Lawyer.
Hi and welcome to Just Answer.I am Ray and I will be the expert assisting you tonight.Can you tell me here if you are on the deed or is it in the mother's name??Did she have a will?
Hi. She did not have a will and I am on The Deed.
Then if you were joint owners here you will need to make application for probate.Her share here passe under the California laws of intestacy.
Here are those laws for reference.
Once probate is opened here it would be possible to add your name to the note assuming you are the legal heir under the laws of intestacy.If there are other heirs they would have to assign you their share of mother's joint interest.
I am not sure why only mother's name was placed on the note.
The up side would be that you would have right to walk away from the house since you are not on the note yet.
I am assuming that you want to keep the house.
If I am on the deed alone with my mother could my brothers put a stake on the home even though I have been paying for the home?
You may also want to review the deed here to see if there was a right of survivorship that would award you her interest.
Yes he could have an interest in the mother's share.The court would have to resolve the credit you may get for payments here.
I am on the note and I see my name clear on it. The mortgage has jumped from bank to bank since 2006 and it must of fell off somewhere.
Mother's share unless there was a right of survivorship passes under the laws of intestacy since she did not have a will.It is unfortunate that she did not will it to you.
And maybe your brother would waive his right to inherit here.
You are going to need a local probate lawyer here to file for probate.
Lawyer referral for you.
I know this can all be kind of overwhelming.
In filing for brobate would my brothers need to be notified?
When you make application for probate they do notify the heirs here.So yes they would be notified.
Here you would have to resolve the mother's interest or the court might order a sale.You of course would get your half and your share of mother's too.Or you can buy out the other siblings interest or they may waive right to inherit.
Here is more information about the probate process.
Expect probate to take at least a year here from start to finish.
this is overwhelming
I can understand.You may want to quietly go talk to your lawyer and go over the deed and then talk to the siblings.The lawyer can often help you doing so.
You would want to be the one here to make application for probate.As the personal representative you would control the estate and also you get paid for your work here.
Fees for you.
Again I am sorry that you are having to go though all of this.You can take it one step at a time here.A probate lawyer locally through the lawyer referral is a good first step.
And also make sure you locate the deed , it is possible there was a right of surivorship.
I appreciate the chance to assist you tonight.Please let me know if you have more follow up.Thanks again.
If you can leave a positive rating when we are done it is always appreciated.
thank you very much. This is a good start and I will leave positive feedback
You are so welcome.Good luck here with all.
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).