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  1. #1

    Default Resolving Joint Home Ownership for an Intestate Estate

    My question involves estate proceedings in the state of: California
    Mother died without will, only asset was a home and son was on the title & mortgage. Unfortunately it does NOT specify Joints Tenants with right of suvivorship- so I think the assumption will be "Tenants In Common" and I don't think court and title company will allow a sale of the property because of the Title. This home is in bad shape-yet sellable due to its sought after location. There is NO money for repairs, or to hire an attorney. Very minor balance owed, and mtg payment under $200. Trying to get around Probate, but if it must go through, can paperwork be filed for a Motion for Expedited Consideration? The house is not very "habitable"; the son (heir) lives there but shouldn't due to his poor health. No money to fix it up, no money for him to live elsewhere. House could sell today- possibly bidding war, and son needs this money to move into different apt and for expenses since currently unemployed and will most likely remain unemployable for a while due to health. There were a total of 5 siblings; the "heir" is the baby brother being 12 years younger than the youngest of the 4 older siblings. All 5 siblings were adults living in their respective dwellings at the time of mother's death. This "heir" son was added to the title & mortgage during the lifetime of the Mom and it was "understood" by the older 4 siblings that the baby brother "heir" would get this only asset upon the mother's death. If it would help the court, affidavits from all 4 of the older siblings could be filed that stated that they each knew of their mother's intentions re the home, and that that are each "disinterested" in the home or any distributionm and that the baby brother is the one and only "heir". Please reply

  2. #2
    Join Date
    Sep 2005
    Behind a Desk

    Default Re: Resolving Joint Home Ownership for an Intestate Estate

    Start here.

    If the legal heirs want to waive their rights of inheritance, they can do that as part of the probate process.

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