Legal Question in Wills and Trusts in California

I'm sorry for the loss of your husband in what sounds like a long term marriage.

If the property was held in joint tenancy, you own the entire property as a matter of law. Joint tenancy carries with it the right of survivorship. You don't need to go through probate, all you need to do is record an affidavit of death of a joint tenant at the county recorder's office.

I know it sounds extreme, but you are not liable for the deed of trust that encumbers your property. (Which you call the mortgage.) What may even further surprise you is that your land is also not subject to the deed of trust. In 1962, the Second District Court of Appeal ruled that execution of a deed of trust encumbering a parcel of real property, does not sever a joint tenancy, and upon the death of the joint tenant that executed the deed of trust, the title of the surviving joint tenant was not subject to the deed of trust. (Hamel v. Gootkin (2nd Dist. 1962) 202 Cal.App.2d 27.) What this means is that if you did not execute the note and deed of trust, your lender made a major mistake that plays out in your favor.

I would tell you to tell the lender to get lost. Before you do so, however, I strongly advise you to consult with an attorney (not a paralegal, not a real estate agent, not a friend of yours who read something on the internet.) You need someone who knows and understands this area of real estate law.