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Can we transfer my deceased fathers property in our name?

My father passed away four years ago. I paid off the mortgage on his home and my brothers live in the house. However, my dad left no will or trust. Is it possible to transfer the property in our names through an attorney. We would like to keep the property. Or do we have to go through probate forcing us to sell the property. Is the only owner of the said property the government at this time? The property is located in Port Hueneme, CA. Please advise!

msmith1's picture
msmith1 | Joined: August 2, 2009 06:16 pm | Posts: 0 | Location: New Jersey | 00 Dollars($)

Are you the Exec. of his estate? Were you the power of attorney before he passed. If you are not the Exec., I would pursue that as soon as possible?

Mel

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Like | Dislike | Share | Posted: Fri, 02/05/2016 - 02:06 | Post subject:

ealerma's picture
ealerma | Joined: August 2, 2009 06:20 pm | Posts: 0 | Location: New Jersey | 00 Dollars($)

We cannot be the executor because there was not will or trust. I can only file to become the administrator.

Like | Dislike | Share | Posted: Fri, 02/05/2016 - 02:06 | Post subject:

ealerma's picture
ealerma | Joined: August 2, 2009 06:20 pm | Posts: 0 | Location: New Jersey | 00 Dollars($)

No, He passed away with no will or trust four years ago. I paid off the house 1 year ago. The property is free and clear.

Like | Dislike | Share | Posted: Fri, 02/05/2016 - 02:06 | Post subject:

adonis's picture
adonis | Joined: October 22, 2005 05:04 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

Hi ealerma,

As there is no will to the property, your siblings and you will have to file an affidavit of heirship in the county recorder's office and transfer the property in your name.

Like | Dislike | Share | Posted: Fri, 02/05/2016 - 02:06 | Post subject:

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