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Does a person who inherite a home have to prove they can afford the payments

El Cajon, CA |

Both parents died with the house in there name But left a will stating the house was to go to their sole eir. He needs to change the deed to his name. How does he go about it. Also there are people staying there that he wants out so hw does he do this.

Attorney Answers 3

Posted

Contact a probate attorney near you, or stay tuned for a response from one of several very experienced California probate attorneys that frequent this website. Probate is precisely designed to resolve your issues, as it is the area of law that governs the admission of Wills, transfer of property on death and resolution of ownership issues following death.

Each of your parent's Wills likely need to be admitted to probate, in order to give them legal effect. In most cases, a personal representative is appointed to serve as the executor or administrator. Among their chief responsibilities is the transfer of title to property out of the decedent's name and into the name(s) of the intended beneficiaries. As a part of this, many executors and administrators must often deal with tenants, guests, and even unwanted guests all the time.

Do yourself a favor and visit with a probate attorney near you to learn exactly how this process works. Best of luck.

This answer does not constitute legal advice. I am admitted to practice law in the State of Texas only, and make no attempt to opine on matters of law that are not relevant to Texas. This answer is based on general principles of law that may or may not relate to your specific situation, and is for promotional purposes only. You should never rely on this answer alone and nothing in these communications creates an attorney-client relationship.

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Posted

If the house was in your parents' names (as opposed to in the name of a living trust), then if it is worth more than $150,000 you will need to "probate" it. The value of the house is measured based on what you would sell it for, not what you would receive after the mortgage is paid off.

If you need help with the probate, I can assist you anyplace in the state of California.

Assuming that the house is worth more than $150K, you need to file a petition with the court to be appointed as the "administrator" of your parents' estate. Once you've been appointed, you can serve an eviction notice on the people that are living there.

Let me know if I can be of assistance.

The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for individual advice regarding your own situation.

The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for individual advice regarding your own situation.

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Posted

The title to the home can be changed through probate. The will will have to be submitted to probate. This is a process that should involve an attorney to prepare the paperwork and petition the court on behalf pf the estate. We offer a free initial consultation for probate matters if you have any further questions.

Any individual seeking legal advice for their own situation should retain their own legal counsel as this response provides information that is general in nature and not specific to any person's unique situation. Circular 230 Disclaimer - Advice given in this response cannot be used to eliminate penalties with the IRS or any other governmental agency.

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