How do i get a property put in my name.

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i have lived in my parent's house since 1978. my father died that year and my mother died in 1996. no will for either. since 1996 i have paid for all house bills, property upgrades and upkeep. i have also paid the property taxes. i have a sister who lives here who occupies one room of the house and does not pay for anything. she has not contributed to the household since long before i returned to live here since she was unemployed for quite a long time. i do not want to throw her out of the house, i just want to quietly change the house into my name. my son also lives here. what are my options

Attorney Answers

2
Richard Price ·
You'll have to have an attorney to check the status of title to determine who is entitled to the house. Most likely, if your parents owned the home as joint tenants with the right of survivorship, then your mother owned the home outright at her passing. Then when she passed, the property should have been passed down to her heirs, which presumably, are you and your sister (unless you have other siblings). A probate action may be necessary. Email or call an attorney for a full consultation.
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Rachael L. ShinoskieLitigation LawyerLos Angeles, CA ·
Assuming your parents did not have any other children other than you and your sister (and you are both the biological offspring of the parents you reference/were legally adopted by them) then odds are you and your sister now own the property as tenants in common. Your first step is probably to speak with a probate attorney and have the home transferred from your mother's estate into your names. Then you either by your sister out or file a lawsuit for partition. In any event, there additional facts needed to fully assess this situation, so my suggestion would be to ascertain whose name is on title to the property now and go from there - mostly likely directly to a probate attorney, since it is not clear your mother's estate ever went through the probate process, which is now many years overdue.
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