Legal Question in Real Estate Law in California

''right of survivorship'' deed transfer

My grandfather just passed away and his house was in both his and my mother�s names with a right to survivorship. Can you advise what she needs to do now to remove my grandfather and add her husband to the deed?


Asked on 12/19/06, 5:31 pm

2 Answers from Attorneys

Re: ''right of survivorship'' deed transfer

If title was held in "joint tenancy with right of survivorship" then she would need to file an affidavit death of joint tenant.

Let me know if you have any other questions.

Caleb

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Answered on 12/19/06, 6:31 pm
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Re: ''right of survivorship'' deed transfer

The "affidavit of death of joint tenant" gets recorded with the county recorder, and probably requires attaching a death certificate. That's only Step One. Step Two is to add the husband to the deed, and at that point I'd suggest your mother get some legal advice. While the steps (paperwork) are relatively simple - a quitclaim deed from herself to herself and him would do it -- the opportunities to screw up are so monumental it isn't worth doing this without professional advice from a family law attorney retained by HER.

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Answered on 12/20/06, 12:31 am


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