I should mention that I'm on disability and I"d like to keep the house if I can. Is there anyway to do this easily, or do I need a lawyer?
2007-02-03 15:56:08 · 7 answers · asked by primeuzer 1 in Politics & Government ➔ Law & Ethics
There was a trust but since my mom was in a coma we could not re-title the house in the name of the trust so it remained un-funded... She died and we forgot about it. Now my father has passed too and I think that means probate now. There is a will leaving the house solely to me, although my half-brother and I both are currently living in it. We would both like to continue living it... I did contact the local bar association and have an appt with an attorney in two weeks. I think I WILL BE needing one
2007-02-03 16:59:20 · update #1
The best way to avoid probate is to have a Trust prior to the death of your parents. If they died and they didn't have a trust, then their estate has to be probated in CA. Depending upon liabilities, the distribution of assets, and the terms of the will you may or may not have to sell the house, but at this stage consulting with a qualified Estate lawyer might be in your best interest.
2007-02-03 16:16:34 · answer #1 · answered by Sailinlove 4 · 0⤊ 0⤋
You mean besides buying it yourself? You haven't posted enough information about the case to get an informed opinion in this forum, so you will need to see a local probate attorney.
The answer simply depends on many facts that you have not revealed. For example, you cannot keep the house if you cannot keep the mortgage payments. If you have brothers and sisters that are entitled to a piece of the pie, selling the house may be necessary give them their share. If you parents had creditors, the house might need to be sole to pay them off.
I would suggest calling the lawyer referral service for you local county bar association and you can get a referral to a local attorney.
2007-02-03 16:18:41 · answer #2 · answered by Carl 7 · 0⤊ 0⤋
Ok. Got you guys. I still have yet to see a link showing this info. Secondly: hypothetical situation: Guy with name on lease moves out. We all pay for each of our rooms, and these prices vary depending on room size. To make things easy say the rent is 3600 total and we all pay say 600 even apiece. Guy with name on lease moves out ~ rent is now 720 per, but being poor college students and all, we can't afford this increase. So are you saying if this guy moves out first, just b/c his name is on the lease, he will be screwed? I am not sure how the courts/bank can prove anything i.e. residency etc...Or to make it even easier, say 3 move out, including guy with name on old lease. That would be 1200 per person, which at this point would be impossible to pay. So, I still don't see any way that we could be sued..etc when anyone could easily just say they moved out on X date and obviously aren't paying rent for a place they no longer live....
2016-05-24 01:35:03 · answer #3 · answered by Anonymous · 0⤊ 0⤋
Yes, you need a lawyer.
2007-02-03 15:59:34 · answer #4 · answered by scallywag 3 · 1⤊ 0⤋
Easiest way is to pay whats owed against it.
2007-02-03 16:12:18 · answer #5 · answered by Say What? 5 · 0⤊ 0⤋
do they owe taxes on it? best thing is contact a lawyer.
2007-02-03 16:09:08 · answer #6 · answered by Anonymous · 0⤊ 0⤋
chip the walls and trash it up but i would just move
2007-02-03 16:00:01 · answer #7 · answered by Anonymous · 0⤊ 1⤋