What can I do after my mother’s death February,

My sister called me on 2/8/17 and let me know my mother past away on
2/4/17. She said mom had left me 5000 in a trust and my sister
would pay it. But what she didn’t mention was my mother’s house
worth approx. 250,000.00. she said to me she is moving into my
mom’s house and selling her own. How can I find out if my mom left
her the house or she just gave it to herself and gave me 0?

Asked on March 20, 2017 under Estate Planning, California

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

I am so sorry for your loss.  If your Mother died with a Will it would be probated in the courthouse.  If she dies without a Will then the intestacy statutes in California would apply and likely you and your sister would share equally.  Is it possible that your Mother tranferred the house to your sister prior to her death?  Sometimes parents do that for the child that cares for them. If this is the case then you would have to prove some sort of unde influence to have it set aside.  You sister could not just trasnfer the house to herself without being appointed in Court as the personal representative.  I, myself, would not call the attorney.  Rather I would hire my own - possibly on a flat fee basis to keep costs down right now - to send a few letters on my behalf and inquire as to the status of the estate and ask for documentation.  You can also do a title search on the property to see its status.  Good luck.


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