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?
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.
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.
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.
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