Legal Question in Wills and Trusts in California

Property deed when spouse dies

My father's house deed is in his name and my mother's name as ''joint tenants''. My mother died 5 years ago but her name is still on his house. Now my father is setting up a revocable living trust. The county recorder clerk told him to get his wife's name off his deed before putting the property into the name of the trust. Can you tell me what the process is to do that? What form(s) need to be used?


Asked on 8/09/06, 10:45 am

1 Answer from Attorneys
Janet Brewer Law Office of Janet L. Brewer

Re: Property deed when spouse dies

If your father is using a lawyer to set up his trust, the lawyer should know that answer ... and if he/she doesn't FIND SOMEONE ELSE!!

If your father is setting the trust up himself using a software program, what he'll need to do is prepare and file an Affidavit of Death of Joint Tenant in the County Recorder's office.

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Answered on 8/09/06, 11:42 am


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