Legal Question in Wills and Trusts in California

quitclaimdeed/clear title? also left condo in will

Mr quitclaimed deed (recorded) of condo to add me after our marriage.Also left gift of personal residence (same condo) in will.Mr deceased, I am trying to sell condo, title co says I dont have clear title because no probate filed ? (estate under $60,000.) Don't I have clear title with right to sell? ( I am also Executor)

thank uou,


Asked on 7/15/99, 8:26 pm

1 Answer from Attorneys
Leslie Beckhart Law Offices of Leslie Kent Beckhart

Re: quitclaimdeed/clear title?

If Mr quitclaimed it to you and himself in joint tenancy, then you need to file an affidavit of death of joint tenant. However, it sounds as if he quitclaimed it to you and himself in community property (because he also left it in the will, which he wouldn't have bothered to do if it were joint tenancy). In that case you need to do a probate. It can be fairly simple, but it will take several months. (This statement does not constitute my representation of you, nor is it an attorney-client communication. However, I would be pleased to discuss representing you on a formal basis.)

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Answered on 7/19/99, 10:33 pm


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