My father passed on just last month. He didn't leave a will and I would like to know what steps to take to pass it on to my name

Attorney answers (4)

1. Licensed in CA

   

   Michael DaymudePro

   Sherman Oaks Probate Attorney

   Contributor Level 20

   

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   Answered February 18, 2013 04:47. The first order of business is to determine the title to the real property on your dad's date of death. Until you know that, you cannot assume you are entitled to inherit any real property.
   
   If your father owned the property as joint tenants with his brother the property passes to his brother by operation of law and you are out of the loop. The result is different if they owned property as tenants in common. There could be other forms of ownership.
   
   You need to personally consult a probate attorney who can determine the status of title and advise you further regarding your rights once title has been determined.

   I am licensed in California only and my answers on Avvo assume California law. Answers provided by me are for... moreI am licensed in California only and my answers on Avvo assume California law. Answers provided by me are for general information only. They are not legal advice. Answers must not be relied upon. Legal advice must be based on the interplay between specific exact facts and the law. This forum does not allow for the discussion of that interplay. My answer to any specific question would likely be different if that interplay were explored during an attorney-client relationship. I provide legal advice during the course of an attorney-client relationship only. The exchange of information through this forum does not establish such a relationship. That relationship is established only by personal and direct consultation with me followed by the execution of a written attorney-client agreement signed by each of us. The communications on this website are not privileged or confidential and I assume no duty to anyone by my participation on Avvo or because I have answered or commented on a question. All legal proceedings involve deadlines and time limiting statutes. So that legal rights are not lost for failure to timely take appropriate action and because I do not provide legal advice in answer to any question, if you are an interested party you should promptly and personally consult with an attorney for legal advice. Also, see Avvo's terms and conditions of use, specifically item 9, incorporated by this reference less

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2. 

   Joseph PippenPro

   Largo Estate Planning Attorney

   Contributor Level 20

   

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   Answered February 18, 2013 05:42. The title needs to be examined to determine if it with rights of survivorship or 1/2 ownership.
   If your dad was 1/2 outright owner-you will need a probate attorney to assist you.

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3. Licensed in CA

   

   Amanda Cook

   San Diego Probate Attorney

   Contributor Level 14

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   Answered February 18, 2013 14:05. I agree with my colleagues; without looking at the deed, it is impossible to know whether you have any rights to the property. The order of names on the title does not matter. However, for joint tenancy, the order of death does matter. You should take the deed to an attorney for review.

   THESE COMMENTS ARE NOT LEGAL ADVICE. They are provided for informational purposes only. Actual legal advice can... moreTHESE COMMENTS ARE NOT LEGAL ADVICE. They are provided for informational purposes only. Actual legal advice can only be provided after consultation by an attorney licensed in your jurisdiction. The answer to question does not create an attorney-client relationship or otherwise require further consultation. Mrs. Cook is licensed to practice law throughout the state of California with offices in San Diego County. She is authorized to handle IRS matters throughout the United States, and is also licensed to practice before the United States Tax Court. IRS CIRCULAR 230 DISCLOSURE: To ensure compliance with requirements imposed by the IRS, please be advised that any U.S. federal tax advice contained in this communication (including any attachments) is not intended or written to be used or relied upon, and cannot be used or relied upon, for the purpose of (i) avoiding penalties under the Internal Revenue Code, or (ii) promoting, marketing or recommending to another party any transaction or matter addressed herein. less

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4. Licensed in CA

   

   William Bernard

   CA Business Attorney

   Contributor Level 8

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   Answered February 18, 2013 14:35. Determine title at County Recorder's office and file a petition to open probate after seeing a competent lawyer.

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