Legal Question in Wills and Trusts in California

How do I go about transferring the name on my fathers house from his to mine? He has past away, and I am the only child. The house is paid off, and my mother has past away as well a couple years ago.


Asked on 8/23/10, 1:37 pm

3 Answers from Attorneys

Some type of probate Court process is needed depending on value of house. I conduct probates throughout California and would be happy to answer your questions. Call me. -John

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Answered on 8/28/10, 1:52 pm
Anthony Roach Law Office of Anthony A. Roach

If the house was in joint tenancy, the survivor owns it now by operation of law, and probate is unnecessary. If the house was in a trust, the trustee owns it subject to the trust, and probate is again unnecessary.

Probate is only necessary if he died with or without a will, and none of the first two categories apply.

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Answered on 8/29/10, 3:10 pm

I am sorry for your loss.

The type of action that needs to be taken will depend upon several factors primarily being how title to the property was held, i.e., as an individual, joint tenancy, tenancy in common, community property.

You MAY need to file a probate action in court to be able to have title transferred.

I recommend getting information on title. Get a copy of the last deed or ask a title company for a quick title search.

I would be happy to discuss your options.

Caleb

[email protected]

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Answered on 8/30/10, 2:53 pm


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