Q: does my name have to be on the house deed for my brother to be able to sell my parents house.

A: As a surviving child of your parents who passed away without a will, you have certain legal rights under California law. In California, when a person dies without a will, their property is distributed according to the state's laws of intestacy.

Under California's laws of intestacy, if your parents were married at the time of their death and had no other surviving children, their property would typically go to the surviving spouse. However, if there are multiple surviving children, then the property is generally divided equally among the surviving children.

In your case, if your parents' property was held jointly, your brother would automatically become the sole owner of the property upon your parents' deaths. However, if the property was held solely in your parents' names, then the property would be subject to the probate process, which is a court-supervised process for administering the estate of a deceased person.

As a surviving child, you would have certain legal rights to the property, including the right to be notified of any probate proceedings and the right to receive a portion of the estate according to California's laws of intestacy. If your brother wants to sell the property, he may need to obtain your consent or seek a court order allowing the sale.

It is important to note that the specific laws and procedures that apply to your situation may depend on the specific facts of your case, including the value of your parents' estate and the specific details of their property ownership. Therefore, it may be helpful to consult with a licensed attorney in California who can provide you with legal advice based on your specific circumstances.