What Happens To The House?
Taking The Fear Out Of Losing Your Loved One’s House
A home is usually the largest asset in a person’s estate, and what will happen to a loved one’s house when they die is an equally large concern.
It will depend on the circumstances of the title, and whether the person had a will or a trust, or no will and no trust. Even if there is a trust, sometimes the trust was not properly funded and there is no deed to the home transferred into the trust.
If there is a deed indicating there is a joint owner, and the owner is still alive, the house passes to the joint owner.
There could be an unintended heir who would become the owner. Everyone named on the deed could be dead, both gone, and now no one legally owns the property.
At LifePath Law, APC, we know nothing is certain and family members often have differences of opinions best sorted by an attorney when it comes to large assets.
We carefully review our client’s details and other available documents to determine how best to proceed.
We Help You Determine Whether You Need To Go To Probate Court
While hiring an estate or trust lawyer was not on your bucket list, it may need to be on your short list. When you are facing a loved one dying without a will but owning property, certain steps must be taken to ensure the property is transferred correctly.
Determining who is entitled to the property depends on the title of the property. Locating a will or a trust is a useful step. What if there is none? Probate will be necessary, and we can guide you every step of the way.
In California, if a person’s property is worth more than $150,000 a probate action must be filed in probate court. A Petition for Probate of Will and for Letters Testamentary or Petition for Letters of Administration must be filed.
At LifePath Law, APC, we work closely with you to ensure your loved one’s real estate transfer is accurate.