Legal Question in Real Estate Law in California

name change

I have been living in my grandmothers house since she died ln 1972 I have been paying taxes. the name has never been changed.


Asked on 6/04/04, 5:48 pm

4 Answers from Attorneys

Michael Olden Law Offices of Michael A. Olden

Re: name change

OK so you've been there for over 32 years. I guess what you're asking is how do you change the name into your name. Depending upon what documentation was in place at the time your grandmother passed away and who was the person/persons who were the beneficiaries of her estate, a Probate. Better late than never unless you should have done it years ago and now there's a greater problem.I have practiced law in the San Francisco Bay area for over 30 years and feel quite confident in terms of my familiarity with your problem. If you wish to contact me to set up an appointment please call me at 925-945 -- 6000.

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Answered on 6/04/04, 11:47 pm
Scott Schomer Schomer Law Group

Re: name change

Eventually you will have to resolve the title issue. Did your grandmother have a will or a trust? Either of these documents will give you direction on what to do with the asset. If she only had a will, you will have to transfer it via the probate court. If she had no will or trust, you will also have to apply to the probate court to transfer the property. The question then becomes whether or not there are any other interested parties (i.e. your parents, siblings, etc.) who may have a claim on it. Finally, if there are other parties who may have an interest in the house, you may have a claim for adverse possession. See an attorney to review the file and discuss your options.

Good luck!

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Answered on 6/04/04, 6:12 pm
Mitchell Roth MW Roth, Professional Law Corporation

Re: name change

You will have to probate the estate unless the house is owned by a trust, in which case the successor trustee should convey the property.

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Answered on 6/04/04, 7:14 pm
Scott Linden Scott H. Linden, Esq.

Re: name change

Question Number One: Why would you be the current legal title holder? Was the home willed to you or left to you in some other form?

Other Questions: Was her estate probated at her death? Was there a will? Was there a Trust? Are your parents still alive? Did your grandmother have any other children, if so, do they have children? Do you have any siblings?

This is something that NEEDS to be taken care of AS SOON AS POSSIBLE, there may be continually increasing penalies for the non-transfer of the asset but as you can see, there are a number of important questions before anything can be completed.

Please contact me at your earliest convenience, if you would like an attorney's assistance, at (626) 578-0708 or online at www.No-Probate.com.

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Answered on 6/04/04, 7:36 pm


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