Q: My father passed without a will. We have a quick claim deed signed, notarized and not filed. My father wanted me to have
Wanted me my sister and brother to have the house. My two other brothers had passed before him, one had kids. They have not seen him called him in 4 yrs. He was hurt. I want to stay in the house I'm already paying the mortgage and the roof. Waiting on the death certificate. My brother and I have lived in this house for yrs I been totally taking care of my father for 20 yrs.. We just want to stay here forever, after that my children. Can you help with a small retainer and maybe payments or something.
A:
Under California law, when someone passes away without a will, their estate is distributed according to the state's intestate succession laws. Since your father did not have a will, the house will be distributed based on these laws. Because you and your siblings are the next of kin, you are entitled to inherit the property. The fact that you have been caring for your father and living in the house for years can support your case, but it will not override the default laws of intestate succession.
You mentioned that there is a signed and notarized quitclaim deed, but it has not been filed. The filing of this deed is important to transfer the legal title of the house. You should file this deed as soon as possible to establish your legal ownership. The process will also involve securing the death certificate, which is necessary for completing the transfer of property.
Given the situation, it would be advisable to consult with a probate attorney to navigate the complexities of intestate succession and property transfer. They can provide guidance on how to file the quitclaim deed and help ensure that your father's wishes are honored. Regarding your request for assistance with a small retainer and payment plan, I can offer flexible payment options to accommodate your needs.
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