Real Estate Law
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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.