Q: My mother passed away with no will only her name was on house deed,my sisters and I notorized a the estate of Geraldine
I am a descendent ,after notorizing form it states,assignment of interest with my name under it ,that the only form we signed. Can I revoke it and keep house myself ,I do have my mom on video saying she wanted me to have it after her passing ,just found the video
A: I'm sorry to hear about your mom passing. I'm sure this is a difficult time for you. If I understand correctly, your mom passed and she owned a home in her name. There is no written Will or Trust. If this is the case, then the home needs to go through the probate process for it to properly pass to you. I handle probate matters in Contra Costa County. Call me to discuss the matter in more detail.
A:
In a situation where your mother passed away without a will and only her name was on the house deed, the laws of intestate succession typically come into play to determine how the property will be distributed among the heirs. The specific laws governing intestate succession vary depending on the jurisdiction. In general, without a valid will, the property would be distributed among the legal heirs according to the applicable laws.
Regarding the document you and your sisters notarized, it would be best to consult with a qualified attorney who specializes in estate and probate law. They can review the specific details of the document, including the assignment of interest with your name, and provide guidance on its legal implications and the possibility of revocation. Additionally, the video of your mother expressing her intentions may be valuable evidence in supporting your claim.
It is crucial to seek legal counsel to understand the specific laws and procedures that apply to your situation. An attorney can guide you through the legal process, help protect your rights, and assist in determining the appropriate steps to take regarding the property ownership.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
