SMALL ESTATE NO WILL CALIF HELP!!!!!!!!!!!:eek:

[mkrust]

What is the name of your state? CALIFORNIA

My mother and father-in-law own a mobile home as joint tenants. They own no other property other than a few furnishings. My father-in-law passed away in 1999 and my mother-in-law did not file a notice of death of a joint tenant. Now my mother-in-law has passed away. My husband and I would like to sell the property as the money would really help us out. The total value of the property is less than $40,000.00. My husband is an only child (by adoption).
I am just trying to find out the process that I have to go about to get the property sold. I believe that we would have to transfer ownership of the property to my husband before we can sell it. Do we have to go through probate? Is there a small estate probate? Can we JUST transfer ownership? I have tried to contact the court in the county that they died but they do not answer questions, they just tell me to contact a lawyer. I tried to contact a lawyer and they wouldn't help me util I gave thema $750.00 retainer. I need HELP! I would like to do this on my own if it is possible. THANKS!

 

[I AM ALWAYS LIABLE]

What is the name of your state? CALIFORNIA

My mother and father-in-law own a mobile home as joint tenants. They own no other property other than a few furnishings. My father-in-law passed away in 1999 and my mother-in-law did not file a notice of death of a joint tenant. Now my mother-in-law has passed away. My husband and I would like to sell the property as the money would really help us out. The total value of the property is less than $40,000.00. My husband is an only child (by adoption).
I am just trying to find out the process that I have to go about to get the property sold. I believe that we would have to transfer ownership of the property to my husband before we can sell it. Do we have to go through probate? Is there a small estate probate? Can we JUST transfer ownership? I have tried to contact the court in the county that they died but they do not answer questions, they just tell me to contact a lawyer. I tried to contact a lawyer and they wouldn't help me util I gave thema $750.00 retainer. I need HELP! I would like to do this on my own if it is possible. THANKS!

My response:

Yes, you need to obtain court orders to have the home placed into your husband's name. Until then, your husband doesn't have the right to sell it. The Estate doesn't qualify for "Small Estate" probate, as the net value of the estate may not exceed $20,000. [Ca Probate § 6602]

You need an attorney.

IAAL

 

[mkrust]

What about the petition to determine seccession to real property ($100,000 or less)? Can just file this form? Or is this just part of the probate?

 

[I AM ALWAYS LIABLE]

What about the petition to determine seccession to real property ($100,000 or less)? Can just file this form? Or is this just part of the probate?

My response:

I have answered your original post.

IAAL