What do I do first

What is the name of your state?What is the name of your state? Ca.. My mother passed away in 1999. I assumed her house in 2000. I recently tried to get a home equity loan but until my name is on title of the house I can't. My brothers are willing to sign off on the house and my mother does not have any debts. I really just want to try to make this as simple as possible. I recently went to the court and picked up all the probate paperwork. Where do I start first and the lady in the probate dept told me there is a form that would exempt me from having her property reasseased because it went from mother to daughter. Do you have any information on that and do you know the name of that form? I am really scared of losing my home through this process. But I was told we have to go through probate to change title. How long should this process last because I would really like to get my name on title?

It is not a very difficult process , for one who knows the ropes, but clearly you do not. The first place to start is with a lawyer who does. Unless the house is very valuable the cost should be relatively modest.

You need to have your brothers execute formal releases -- and that has to be done just right -- and then go thru probate. Lawyer's fees in probate in CA are generally set by law so ask the lawyer -- it will save you a lot of grief. And as you already found out, just doing one thing wrong can cost lots more than the fees you may save long term.

Your likely ability to use (for calculating property taxes) your mother's valuation / tax base is based on some of the aftermath to Proposition 13. It may be good for you short term, but it has already destroyed California's education system.

ALawyer said:

It (formerly "Proposition 13", now California Const. Art XIIIA) may be good for you short term, but it has already destroyed California's education system.

Click to expand...

My response:

Oh, what a bunch of boloney!

I'm sorry Gerry, but that is just the biggest bunch of boloney rhetoric. Remember, we have a Lottery, and 75% of the proceeds go to the schools.

Proposition 13 was a Godsend to Californians who, in 1975, were staring at astronomical property tax bills. People were losing their homes to the "tax man" right and left - - especially hard hit were the elderly on fixed incomes.

There's a lot more to the Proposition 13 story, Gerry. A little less rhetoric, and a lot more factual information, please.

IAAL

Now that's a strange spelling of a very strange name....

BelizeBreeze said:

Now that's a strange spelling of a very strange name....

Click to expand...

My response:

You're right. I made the corrections, and my apologies to Gerry for misspelling his name.

IAAL