How to getall 4sisters on title of my deceased mother’s home?

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How to getall 4sisters on title of my deceased mother’s home?

One of my sisters is most likely trying to find a way to get only herself onto the home, so in fairness to all in absence of both a Will and executor, I need to beat her to it; fairly placing all of us on the title. The probate referee has already determined her estate does not fall under the jurisdiction of Probate. There is still a small mortgage, and the troublesome sister is a cosigner to the loan, however she is not on the deed.

Asked on July 22, 2011 California

Answers:

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

Answered 9 years ago | Contributor

I am so sorry for your loss and for your ensuing troubles.  I am a little confused about what the referee said here.  The only way her estate would NOT fall under probate would be if all the property that she had was jointly held and passed by operation of law - automatically on death - when she passed away.  If the house was in your Mother's name on;ly - regardless of the mortgage - then it would have to go through probate court in order to transfer the title to anyone else.  That is what has to be done: an administration since she died without a Will.  But does her estate possibly fall under the small estate laws?  Under 100,000 in California I believe?  Then that might be an option.  Please seek legal help here.  Someone needs to be appointed as personal representative in order to deal with this.  Good luck.


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