Do i need a probate lawyer or can i probate myself

Asked over 1 year ago - Hayward, CA

my father died no will i was living with him at time of death and prior to death i took over mortgage payments how do i get the deed in my name or how do i stop bank from taking the property my mother still lives in home with us but has little income to make payments she want me to assume the loan my sibling all agree to let me keep property what action do i need to take and can i do it without a lawyer

Attorney answers (4)

  1. Michael Raymond Daymude

    Pro

    Contributor Level 20

    5

    Lawyers agree

    Answered . You really need to consult a probate lawyer. If your mother is on title, as your question suggests, your mother can clear title into her name simply with an affidavit of death of joint tenant. Still, that may not accomplish your objectives. A lawyer would be able to determine exactly what you must do and could tell you how to do it. Probate may, or may not, be the right vehicle under your exact facts.

    I am licensed in California only and my answers on Avvo assume California law. Answers provided by me are for... more
  2. Daniel Mcgraw Little

    Contributor Level 11

    4

    Lawyers agree

    Answered . You can always represent yourself but this may be a lot to bite off. It doesn't seem that you will need a Probate, however, I recommend that you spend a few dollars and retain an experienced attorney. I could very well save you a lot of money down the road.

    No legal representation exists by virtue of this answer. It is recommended that you contact an attorney directly... more
  3. Eric Jerome Gold

    Pro

    Contributor Level 19

    4

    Lawyers agree

    Answered . My colleagues are correct. The most prudent course of action would be to meet with a probate attorney for assistance. This doesn't sound too challenging for an experienced attorney, but it will not be easy as a do-it-yourself project. If you make a simple mistake you could be creating problems down the road. You will be well served to invest a little now to avoid spending a lot later.

    ** LEGAL DISCLAIMER ** My response above is not legal advice and it does not establish an attoreny-client... more
  4. Christopher N Schneider

    Contributor Level 9

    3

    Lawyers agree

    Answered . Michael is correct. It sounds as if this is not a probate situation but rather a simple situation involving clearing title on the deeds. Save yourself a bunch of time and aggravation and get an attorney to do it. You may be surprised that this may be a relatively inexpensive process.

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