Legal Question in Real Estate Law in California

Re: Daughters Rights

It depends upon whether the house was owned as "joint tenants" or as "tenants in common". If the latter, your daughter does own an interest and should act.

Re: Daughters Rights

Your daughter's rights will depend upon how the title to the house was held. For instance, if the house was held between the mother and parents as joint tenants with right of survivorship, then your daughter has no rights to the home.

If, on the other hand, the title was simply held in both of their names with no joint tenancy then it is possible that your daughter would have rights.

However, the mom's parents are not going to be able to transfer title unless there was a joint tenancy or a trust or some other arrangement.

You might want to obtain a copy of the deed and consult with an attorney.

Caleb

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Re: Daughters Rights

I've read and agree with Mr. Donner's answer, and I would like to add a few thoughts.

The watershed issue here is whether title was held as joint tenants with right of survivorship or some other way. The right of survivorship would immediately and automatically vest full title in the grandparents (I assume from other facts that they are still alive). Your daughter would get nothing.

On the other hand, if title was held as tenants in common, the sole heir would get whatever interest her mother had.

Next, has a probate proceeding taken place, or is one under way, or is the estate exempt from probate? Has the eligibility for exemption, if claimed, been determined by a probate attorney? Joint tenancy would probably take the estate out of formal probate proceedings.

Handling estates of decedents where real property is part of the estate is serious business, and the person assuming the role of executor or personal representative must either know the law or get someone who knows the law, presumably a probate attorney, involved to guide and educate them. Mis-handling probate property including failure to file final tax returns is likely to lead to serious legal problems later on.

Finally, dealing with the lender has to be considered a separate issue from dealing with ownership questions. Your question seems to recognize this. Ownership and responsibility for a loan can be two different issues for two different people.

Step one for your daughter is to check the records at the County Recorder's office to see how title was held.