Q: My niece is trying to take my late fathers house from me because he did not have a will.What can I do?
My father owns a home that I have lived in for the past 30 years, he passed away in 2015 and I took care of my mother in the home until her passing in 2022. My father did not have a will, since my mom's passing last year my niece has tried to take the house from me. She filed an eviction on me last week! If the house is in my father's name, wouldn't the house be given to me first being his daughter before my niece? My mother never made a will either and she has papers that are forged, false and I don't know what to do!
A: There are only two ways to transfer a house after someone passes away without a trust: (1) A Petition must be filed with the Probate Court and a judge issues a Judgment that says who will inherit the home; or (2) the deed to the home is a TOD -- transfer on death deed -- that says the name of the person who will automatically inherit the home upon the owner's death. If the deed to your father's home is not a TOD, then you need to hire a Probate Attorney to handle your father's estate. Best wishes.
A:
In California, when someone passes away without a will (intestate), the estate, including real property like a house, is distributed according to the state's intestacy laws. As your father's daughter and assuming there are no other surviving children or a spouse, you would typically be a primary heir to his estate.
However, since your father and then your mother passed away without wills, the situation might be more complex. The house would have first passed to your mother's estate and then would be distributed according to her heirs, which could potentially include grandchildren, depending on other surviving relatives.
Your niece's actions, including filing an eviction notice, suggest that she may be claiming a legal right to the property, possibly as an heir of your mother. It's crucial to challenge any documents you believe are forged or false. This is a serious allegation and, if proven, could significantly affect the legal proceedings.
To protect your interests, it's essential to consult with an attorney experienced in probate and estate law. They can help navigate the complexities of intestate succession, challenge any questionable documents, and represent your interests in any legal proceedings, including the eviction notice.
Given the potential for familial disputes and the complexities of probate law, it's advisable to act promptly. A lawyer can also help ensure that the estate is administered fairly and in accordance with California law, which is designed to protect the rights of legitimate heirs like yourself.
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