I am looking for a lawyer to help me with a probate issue i am facing with. I really cannot afford a lawyer but

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Customer: I am looking for a lawyer to help me with a probate issue i am facing with. I really cannot afford a lawyer but depserately need an attorney who can help me with this issue.
JA: What state are you in? It matters because laws vary by location.
Customer: California, Los Angeles
JA: What steps have you taken so far?
Customer: I contacted a few but they want a reatiner of 15-20k
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: My husband passed away in 2019 unexpedictaly. He had a heart attack. Our home was only in his name. I have continued to make payments on the house, but eventually would like to make it legal so i am the owner and so are my two daughters. I am scared that i may lose house if i don;t make this legal.
Answered by James Daloisio in 5 mins 2 months ago
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James Daloisio
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Customer
Hi
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James Daloisio, Expert

Hi, my name is ***** ***** welcome to Just Answer. 

Under California's community property laws, the home was half yours even though only his name was on it, assuming that your deed did not specify it as his "sole and separate property." If that was the case, then you would have to file an action in probate court to have the property assigned to you. But generally, when your spouse passes, his interest passes to you.

Customer
Oh that's good to know
Customer
What should I do next ?
Customer
What kind of action will be filing ?
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James Daloisio, Expert

It happens automatically, "by operation of law." You can contact a title company and ask them to change the deed for you, but even that is not legally necessary.

Customer
my situation is not hopeless ?
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James Daloisio, Expert

Oh no, not by a long shot. You're in good shape.

Customer
What do you think I should do ? I have not even told the bank that he's passed away as I was scared they would take drastic measure
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James Daloisio, Expert

Actually the bank could probably handle it for you. They'll want a copy of the death certificate.

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James Daloisio, Expert

Thanks for visiting Just Answer and have a great day.

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