Legal Question in Wills and Trusts in California
Court Order and Real Property
I recorded the Final Distribution in the Los Angeles County Recorder's office that shows I am the beneficiary for my deceased sister's house. I am trying to assume the mortgage loan, but the gal at World Savings (now Wachovia) claims they need a copy of the new deed. From my knowledge, the Court Order is one type of document that should be sufficient to show I am the new owner and in fact is in a sense the new ''Deed''. However, the World Savings gal says she needs a copy of the new ''Deed'', and I suppose she's looking for a document that actually has ''Deed'' in the heading. Is there another document I need to file? By the way, I had filed a long time ago the Preliminary Change of Ownership Report to the county.
2 Answers from Attorneys
Re: Court Order and Real Property
The personal representative of the estate should deed the property to you. Did you have a lawyer assist in the probate. He or she should be able to prepare the deed fairly simply. Otherwise, hire a lawyer to do so. It is not expensive to prepare a deed.
Re: Court Order and Real Property
Thank you for your posting on LawGuru.com, and the opportunity for me to help you by responding to your posting.
The answer to your question is that a court order is NOT a deed. You will need to have a new deed prepared and recorded for this purpose, and an attorney can help you do so.
I hope this helps. If you do have other questions, feel that you need legal representation, or want legal advice, please feel free to email me directly at [email protected]. It's my pleasure to help in any way that I can. Thank you.
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