Oxnard, CA asked in Estate Planning and Probate for California

Q: Do I get more rights to my house, is it legally right for my siblings to sell the home I grew up in?

My father passed last year without a will, my half siblings (his first marriage) want to sell his property, the home I grew up in with him and my mother. My mom took out a loan and purchased our home years ago but she is now also deceased. Both her and my dads names are on the deed to the house. CA law states the estates and assets to be divided to the heirs, in the case wouldn’t I have more chance in keeping the house since half is from my mom and a portion from our father?

Related Topics:
3 Lawyer Answers
Robert P. Taylor
PREMIUM
Robert P. Taylor pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
Answered
  • Huntington Beach, CA
  • Licensed in California

A: Did your Mom have a will? How is title on the house held? Can't really answer without knowing these things first. I suggest seeking a consultation with an attorney. If title passed to your father when your mom passed, and your father later passed without a will, trust, spouse or transfer on death beneficiary, the laws of intestate succession generally require his property to be divided equally among his children.

Julie King
Julie King
Answered
  • Estate Planning Lawyer
  • Monterey, CA
  • Licensed in California

A: If your parents did not have the house in a trust, your parents are the only ones on title, and the home is worth more than $184,500, there is no way to sell or transfer the property without a court order. Someone in your family needs to open a case in Probate Court. People cannot sign the names of deceased relatives without a proper legal document authorizing the people to sign someone else’s name. Your sisters or you need to hire a probate attorney and get the probate process started. Best wishes.

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
Answered
  • Estate Planning Lawyer
  • Sacramento, CA
  • Licensed in California

A: Under California intestate succession laws, if a person dies without a will, their assets are divided among their surviving heirs based on their relationship. If both your father's and mother's names were on the deed, you would inherit your mother's share of the property in its entirety since she's your direct descendant. Additionally, you and your half-siblings would share your father's portion of the property, giving you a larger overall interest in the house compared to your half-siblings.

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.