Legal Question in Real Estate Law in California

Deeds

My grandfather passed away in May 2008. There was no trust, only a non-recorded will leaving his condo to my father. We need to get the deed changed with LA County, but they are saying without an attorney, there is nothing we can do. The loan holder is requiring a recorded deed in my father's name before they put the loan in his name. What is the easiest/cheapest way to do this?


Asked on 9/16/08, 1:33 pm

3 Answers from Attorneys

Robert F. Cohen Law Office of Robert F. Cohen

Re: Deeds

Your father would have to open probate to transfer the real property to his name.

Read more
Answered on 9/16/08, 2:38 pm
John D. Williams Law Offices of John D. Williams

Re: Deeds

I am sorry for the loss of your grandfather. Your father will have to file a petition to probate the estate in the Los Angeles Superior Court. Probate is very complicated. Attorney's fees are paid from the estate at the conclusion of the probate.

If you would like a free initial consultation, please contact me. I have over 25 years experience in probate and estate administration.

Good luck and thank you for your inquiry.

Read more
Answered on 9/16/08, 3:16 pm
David Gibbs The Gibbs Law Firm, APC

Re: Deeds

Unfortunately, there is no easy or quick way to deal with this. With only a will (and, hopefully a valid will), your father will need to retain an attorney, and open a probate for your grandfather's estate. In doing so, all of your grandfather's creditors need to be notified of his death, and a statutory period then opens in which they can file claims. Generally, the creditors will have to be paid first before any assets, such as the property, can be transferred. This process will take a while and cost some money, but it really is the only way to accomplish the title transfer.

*Due to the limitations of the LawGuru Forums, The Gibbs Law Firm, APC's (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided is general and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.

Read more
Answered on 9/16/08, 3:20 pm


Related Questions & Answers

More Real Estate and Real Property questions and answers in California