Q: How can I keep my dad house if he left no will and he left a under age kid?
My dad pass away a month ago. He did not leave a will but he has a house paid off which we all lived with him. The thing is that my (nonworking lazy) brother of 38 year old wants to keep it all to himself. My dad has a underage kid under 18 can he keep the house? Or what can we do to keep the house and kick him out. If I can prove that he does nothing and owns child support?
A:
Disclaimer: The materials provided below are informational and should not be relied upon as legal advice.
I am sorry for your loss. If your father died intestate (i.e., he did not have a will) then his estate needs to be probated. The probate court will distribute your father's properties to the heirs according to the California intestate succession rules provided in California Probate Code sections 6400-6414. The formula does not take into account the heirs' employment status, etc. Likely, the property will be sold and the proceeds will be distributed to the heirs. Be sure to consult your own attorney to protect your legal rights.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
