Legal Question in Wills and Trusts in California

my mother in law wants to sell her land property to me and my wife, land title was in the name of my father in law( it appears name of my father in law married to name of my mother in law) her husband passed away 6 months now, do my wife's siblings have still rights to the property ? does it needs to be her name(my mother in law) on the title first?


Asked on 11/11/12, 10:03 pm

1 Answer from Attorneys

Victor Waid Law Office of Victor Waid

Assuming title was in joint tenancy or community property at death, then you mother in law survives to the whole property in possession and title. She can sell the property to you, once she has obtained title in her name. Tell her to go to a probate lawyer and have them prepare and record an affidavit of death and other relevant local county transfer documents. Once the property is in her name, you can enter a contract to purchase. Be sure you handle this transaction through a title and escrow company and obtain title insurance for a clear title. If you use financing, the lender will require a title company be used. As to the other siblings, they do not share an inheritance interest. If your mother in laww changes her mind, then urge to see a estate planning attorney and have a trust set up, because if she dies now, the property will have to probated in court and distributed to all of her siblings.

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Answered on 11/12/12, 9:28 am


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