Legal Question in Real Estate Law in California

Dad bought the property in 1946 and the Grant Deed was recorded as him being a single man. A year later, he married mom. Dad died in 1994 leaving his entire estate to mom. Mom passed away a month ago, leaving the property to myself and my brother. Well, the Grant Deed appears, was never re-recorded so as to reflect mom's name on it. Dad,s will never went through probate but now must, from my research, do so to show transfer of the estate to mom then mom's wishes as per her will can be honored. What needs to be done that I could do to show the Deed in both names, attach it to Dad's probate proceedings which will bequeath the land to mom, then from mom to us? Thank you. Gary/San Diego, Ca..


Asked on 12/23/10, 9:14 am

1 Answer from Attorneys

There is nothing you can do to show the deed in both names. It was in his name. You can't change that. Fortunately there is no need to do that anyway. Probate both wills. Finish dad's probate first, resulting in a distribution of his separate property to mom. Record that. That puts title in mom. Finish mom's probate resulting in a distribution to you and your brother. Record that. That puts title where it belongs. Depending on local practice, you probably can do this all in one proceeding. Check with your local probate faclitator on the exact steps to take.

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Answered on 12/30/10, 5:49 pm


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