QUESTION
What can my three siblings I do to avoid adding my cousins on the deed to the home we grow up in?
Asked on Jun 18th, 2017 on Estate Planning - California
More details to this question:
My mom passed away after my dad who died in 2009, but never took his name off the deed the estate is now in probate. My dad has two brothers who die after my dad so now his brother’s children have an interest in our family home. Mom’s intention was always to have dad’s name removed and had an attorney but she passed away before it was changed to her only. Mom paid the taxes for 8 years on her own.
2 ANSWERS
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Did either of your parents have wills? Assuming they did not, why would your cousins have any interest in your father's property? His heirs were your mother and his children, not his brothers or their children. Your mother's heirs are her children. Hire a lawyer, and administer your mother's estate.
Answered on Sep 05th, 2017 at 7:53 PM
They have no right to any ownership interest. When your father died, his portion of title would have passed to your mother/his wife and his children. On her death, if there is no Will, her interest passes to her children. His brothers have no right to inherit. You will need to probate both estates to get the title passed to you.
Answered on Sep 05th, 2017 at 9:26 AM