Asked in Real Estate Law for California

Q: my grandparents raised me since i was 3 my dad,their son,and my mom killed in car wreck.grandparents no will Amian owne

my grandparents left no will and only three of their kids still live Am I A co owner of their home what paper do fill out or how much will you charge me to help me show these greedy 3 grandparents kids that i could have legal right to live there because I am homeless now temporarly

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1 Lawyer Answer
Gerald Barry Dorfman
Gerald Barry Dorfman
Answered
  • Mill Valley, CA
  • Licensed in California

A: Without a will (and assuming no trust either), you will likely have to file a probate proceeding in court in order to become a co-owner of the property. this assumes the property itself is not held in a form of title which passes it to a designated survivor or survivors. If you are the only child of your parents, you would get the share your parent would have gotten if they had survived. The number of shares would be the number of children of the grandparents, whether they survived them or not. You could petition to be the administrator of the estate. Attorney fees are usually not paid until the estate is closed, although there are some costs along the way. Attorney fees for regular probate work are based on a percentage of the estate.

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