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Ask Law Educator, Esq. Your Own Question
Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Estate Law
Satisfied Customers: 118248
Experience:  Experienced in Trust and Succession Law, including Louisiana Laws
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My father passed away November 2016, and the California

Customer Question

My father passed away November 2016, and the California State Recovery Dept notified us of a claim against his home for $268,000. The State of California has acknowledged receipt of the documentation submitted to substantiate our claim exemption and has verified that the case is closed and is withdrawing its claim on the basis that "the decedent (our father) is survived by a child of any age (my brother) who is blind or disabled.
My question is how to proceed to inherit the home and discuss with my brother that he "give up" his interest in the home based on the care and expenses my husband and I have incurred in order to care for my father the last five years.
Does the home need first to be recorded in my brother's name or can he just "quit claim" his interest over to me if he so agrees?
Thank you
Submitted: 1 year ago.
Category: Estate Law
Expert:  Law Educator, Esq. replied 1 year ago.

Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

Have you filed to open probate on your father's estate yet in the probate court?

Customer: replied 1 year ago.
Not yet, we just received the notification from California State Recovery.
Expert:  Law Educator, Esq. replied 1 year ago.

Thank you for your reply.

Okay, so now you need a probate attorney, since there are multiple heirs involved in the estate and a possible renunciation of inheritance. So you need a probate attorney to open probate and then during that process your brother would need to sign an affidavit that they are knowingly renouncing their share of inheritance in the house to you based on the consideration of care you provided to your father. Then it is up to you and your brother to decide what your brother will get in exchange for giving up the house if you want to give him something else that is. The probate court has to order the deed to be changed upon completion of probate and it is during that process that the heirs can decide who will take what or if they choose to give up their rights to any estate property and it has to be presented to the court and the court has to make sure your brother is giving up that share knowingly and voluntarily. This is another reason a local probate attorney is necessary, since the court is going to want to make sure your disabled brother's rights are protected in this process.