Legal Question in Real Estate Law in California

my mom has a homestead deed tht is over 50 years old. my dad died 10 years ago and now my mom is very sick. is that homestead deed still valid or did it become invalid when my dad died ?

Asked on 9/11/15, 1:19 pm

1 Answer from Attorneys

Bryan Whipple Bryan R. R. Whipple, Attorney at Law

I do not recognize the term "homestead deed." California has instruments called "Declaration of Homestead" (which aren't deeds, rather are used to shelter some home equity from certain creditor claims), and the usual collection of deeds, such as grant deeds, quitclaim deeds, etc., and also has the "deed of trust" which is a financing instrument somewhat similar in purpose to a mortgage. However, I can tell you that in general a deed is a one-time instrument used as a tool to transfer title to real property, and once it has done its work through execution by the transferor, delivery and hopefully recording, it has pretty much done its work and is of little further importance. I would suggest that the family contact a real-estate attorney locally and ask for a quickie title search to determine what the county recorder's office has on file for this property, and for a simple interpretation thereof. I would also suggest having an estate-planning or "wills, trusts and estates" lawyer assist in making a plan for your mother, if she doesn't have one.

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Answered on 9/11/15, 1:41 pm

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