Hesperia, CA asked in Real Estate Law for California

Q: My girlfriends parents both passed away and left no will for the house.shes scared of losing iit

Shes been paying the rent still in her parents name for a year but shes scared of losing the house

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2 Lawyer Answers
Mr. Robin Mashal
Mr. Robin Mashal
Answered
  • Los Angeles, CA
  • Licensed in California

A: Disclaimer: The materials provided below are informational and should not be relied upon as legal advice.

I am sorry for the loss of her parents. Please clarify why your friend fears losing the house. Has she been falling behind in payment of mortgage loan, taxes, etc. If her parents had no estate plan in place, and your friend was not a joint tenant on that property's title, she will need to petition for probate of her parents' estate. Be sure to consult your own attorney to protect your legal rights.

Richard Samuel Price
Richard Samuel Price
Answered
  • Redlands, CA
  • Licensed in California

A: If the parents did not have a will and the house was not in a trust, then there would have to be a probate action to determine who the rightful heir of the home would be. Their daughter would be able to bring the probate petition to the probate court.

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