Hesperia, CA asked in Probate for California

Q: Started probate for parents property before my brother passed away.

I'm Living in the family home my parents had no will it is paid off. Before my brother passed we started a probate never completed I am the only child living The house is still in my parents name because it's been difficult having no will. Does the house go to me and my parents grandchildren? If so Can my brother's child become an heir to my parents and if so can his child make me move out of my parents home? Thank you

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1 Lawyer Answer
John B. Palley
John B. Palley
Answered
  • Probate Lawyer
  • Roseville, CA
  • Licensed in California

A: Yes he could make you move out. Should probably try to work out a deal to buy him out. If you have a probate attorney helping with mom/dad's probate they should be able to help with brother's probate and a buy-out. If not, I encourage you to find a qualified and experienced probate attorney. Good luck!

David Ostrove , Nina Whitehurst and James Edward Berge agree with this answer

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