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My brother recently died December 26th 2016 now he has no will and I am next of kin is only brother I have lived on the property for the last 10 years

1 Answers. Asked on Apr 06th, 2017 on Estate Planning - California
More details to this question:
This woman has not lived here in the last 12 years or paid any taxes as me know mortgage payments and my brother co-sign for a $400,000 loan so he could get another house which she did it just sold recently where do I stand am I required by law to move from my resident of 10 years so she can move in already has been staying here she started to move in probably five weeks ago and him and says I have to leave this young to property or she's been gone for ten years abandoned property thank you
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Answered on Apr 11th, 2017 at 2:29 PM

The facts of your case are unclear, but I understand that your brother died without a will and that he owned a house.  If you are his only heir, then you can initiate a probate action to transfer the house to yourself or sell it.  Contact an attorney to initiate a probate proceeding.

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Estate Planning
It's a common misconception that estate planning is only appropriate for the elderly and those who have amassed a significant amount of wealth. Not true. All adults who are mentally capable should have an estate plan, which can include a last will and testament, trusts and/or advance directive such as a healthcare power of attorney and living will. An estate planning lawyer can work with you and your spouse to assess your estate planning needs, create the documents which form the foundation of your plans and then update those documents as necessary. Estate planning law firms can also work with clients who have special needs and concerns, including those dealing with a chronic or terminal illness, the parents of disabled children and parents who want to protect certain assets for their children from a prior marriage.
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