Legal Question in Wills and Trusts in California

Death Rights

daughters Sole heir to mother estate. Mother died 12/6/07. House has mother name and mothers parents name also. Parents removed her name from deed and loan. does Daughter have right to Equity in house, no will.


Asked on 3/05/08, 3:01 pm

4 Answers from Attorneys

Mitchell Roth MW Roth, Professional Law Corporation

Re: Death Rights

Answered this already.

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Answered on 3/06/08, 12:57 pm
Jeb Burton The Burton Law Firm

Re: Death Rights

I gather that your grandaprents are still alive and possessing the house. If that is the case, then it depends on a number of factors, one of which is whether the house was titled as Joint Tenancy with Right of Survivorship. If that is the case, then you probably have no right to the "equity" in the house, as it passed to your Grandparents at your Mother's death.

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Answered on 3/05/08, 3:15 pm
Stanley Moerbeek The Law Offices of Stanley L Moerbeek

Re: Death Rights

You need a lawyer to examine the Grant Deed between your Mom and her parents. Your information does not indicate what type of deed from which your Mom was removed: it may have been a deed of trust for the mortgage.There are other technical details which also should be examined. Since this could be a significant property interest, consult an attorney.

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Answered on 3/05/08, 4:52 pm
Phillip Lemmons, Esq. Phillip Lemmons APC, Attorneys at Law

Re: Death Rights

depends on the type of deed. if the property was held in joint tenancy, then it goes to the survivor.

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Answered on 3/06/08, 12:13 am


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