Q: If I'm a Mexican citizen and my mom died in CA without a will in place... can i claim her property?
My mom passed 5 years ago. I am the oldest, I have 3 half siblings that are US citizens, i am not. Mom left no will. The house was paid for. No taxes are owed.
A: If mom died without a Will (called dying intestate) then the Probate Court has to approve the disposition of her assets. Someone has to go to the Probate Court where she died and start the proceedings. It won't matter where you live. Her assets will be divided per the law which generally means equal shares for all the children and her spouse.
A: I would assume, 5 years after the fact, that her estate has already been probated and the property already distributed. This is assuming someone filed a probate action at the time of or shortly after her death. You should investigate that first.
A:
Somebody is paying the taxes on this property, for the past 5 years. You need to find out who that is and speak with them about your concerns. Both Mr. Gaffney and Ms. Waxman gave you good answers.
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A: Absolutely. How much you will get depends on whether she has other heirs. Probate Code Section 240 is your main reference for intestate succession. Best of luck.
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