Q: How do I get get legal ownership of my mom's property when a will wasn't established I'm her only living kid

A: So, your parent or relative has died without a last will and testament, leaving you as sole heir or as joint heir with other relatives. If no estate planning provisions were made for property to pass into your name immediately upon death, then the laws of your state as well as the desires and wishes of other heirs, may influence how -- or if you acquire full ownership rights in the decedent’s property.

Who inherits property if there is no will?

If your loved one passes away without a will, California’s intestate succession laws (California Probate Code 6400 through 6455) will dictate how the estate property will be distributed. However, (call our office We can help you 833-303-4529 Monday - Friday 10am-10pm) (Office in Bakersfield) will only dispose of assets that otherwise would have been subject to probate.

Thank you for the opportunity to assist you.

A: The answer depends in part on exactly how those three individuals held title. Were they joint tenants with right of survivorship? Were they tenants in common? Or something else? The answer to that question will determine how many probate cases need to be filed. The number could be anywhere from one to three. The bottom line is you need to hire a probate attorney to help you with this.

A: In California, if a property owner dies without a will, the property typically passes to the closest relatives under the state's intestate succession laws. As the only living child of your mother, you may have a claim to the property. To establish legal ownership, you'll need to go through a legal process called probate, where a court will determine the rightful heir to the property.

Start by filing a petition for probate in the county where the property is located. This process can be complex, and you might find it helpful to consult with an attorney who has experience in probate law. They can guide you through the necessary steps and help ensure all legal requirements are met.

Regarding the squatters living in the house, once you have established your legal claim to the property, you can take steps to have them removed. This may involve serving them with a legal notice and, if they do not leave, pursuing eviction through the courts.

It's important to act quickly to assert your rights and address the situation with the squatters, as delays can complicate the process. Keep in mind that the probate process can take some time, so having legal guidance can be invaluable in navigating these challenges effectively.