Legal Question in Real Estate Law in California

changing real estate deed

I would like to add my son's name and remove my fathers name from my paid off property title. I need to know exactly what form to use, where to get it, and what to do with it once completed. All the parties are currently in town together until Monday 1/5.


Asked on 12/29/08, 8:29 pm

1 Answer from Attorneys

Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Re: changing real estate deed

Well, one way to do this is for your father to quitclaim his interest to your son, using a quitclaim deed form that can be purchased on line or from a stationer's or obtained free of charge from title companies, even from their on-line web sites if you search carefully. When completed except for father's signature, he should sign before a notary and then record the deed.

I hasten to add that I discourage people from doing this sort of thing. This is the poorest possible kind of estate planning. The three of you should consult an estate planner and consider use of a living trust. It may save beaucoup bucks in the long run. The planner might (for example)advise a two step transaction - father's interest to you, then your interest to son (I don't know).

If you do make the mistake of resorting to self-help, at least try to involve a title company in preparation and recording of the deed, to avoid silly little mistakes that could cloud title and cost much time and effort to fix in the future.

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Answered on 12/30/08, 12:30 am


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