Legal Question in Wills and Trusts in California

if a person is not on the original deed of trust and loan, will a will automatically give that person rights to the house, or will the house still go into probate? If there is a second person on the deed and loan does it automatically go to him or is the will primary. Do we need to have the will recorded with the county and do we need a Quit deed? What is the best way to do all this ASAP?


Asked on 12/07/09, 5:54 pm

1 Answer from Attorneys
Scott Linden Scott H. Linden, Esq.

A will does not avoid Probate. The loan paperwork is not as important as the deed. The will needs to go through Probate if the total estate value is over $100,000 (gross value) and this is typically the case when there is real property.

I would need additional details to provide you with a better answer.

If you would like to discuss this in a private orum, please feel free to contact me through my website No-Probate.com

Scott

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Answered on 12/17/09, 10:27 am


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