Ontario, CA asked in Probate for California

Q: Does she need a will? And will we have to evict non paying renters?

I live out of state. Mom lives in California. Dad lives out of state. My Dad walked out on my Mom 10 yrs ago. He has not helped her financially at all since he left. She put 2 of their 3 children on the deed to the house. Do we have to probate the house and her belongings? She has two very old cars. Not much in the bank. Her grandson and his wife live with her at no cost so that he can do “repairs” on the home. To save her money. “Leaking water pipe for a month and he still has not repaired it.” Are we going to have to evict them when she passes on? Please help, Mom lives is Orange not Ontario

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1 Lawyer Answer
Richard Samuel Price
Richard Samuel Price
  • Probate Lawyer
  • Redlands, CA
  • Licensed in California

A: The probate of the house depends on how title is held. With joint tenancy, a probate matter is not required if the other joint tenants survive her. With a tenancy in common, you would need some probate matter to transfer her interest to her heirs. It's always a good idea to have an estate plan.

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