Legal Question in Real Estate Law in California
I want to deed my percentages of 3 parcels of land in Palmdale California to my sister. She lives in Utah. I live in idaho, here, because im on disability, i dont have to pay property taxes, on my home. However for the land in California I do. There they do not have the "circuit breaker". Do I have to go through a lawyer? Or can I just write on a piece of paper, "I deed my shares/and dads shares to you." Then get it notorized and witnessed? She has not spoken to me for 6 years, yet her husband did take over collection of the taxes from everyone. To make things worse, not everyone who owns property is on the deed. It's a mess! I don't want this to be a big production, as I don't have the money to call Calif. for the transfer fee, or a lawyer. Nor do I want her to know my new address or email.
Sincerely,
D
3 Answers from Attorneys
You don't have to have a lawyer to deed your interest in the property to her. You can prepare the form yourself, as either a grant deed or a quitclaim deed. I always suggest that people consult with an attorney, however, in major transactions because the things that you don't discuss here could have consequences for the parties involved.
You would need to get California deed forms. You could fill them out yourself, but only if you have a copy of the full correct legal description of the properties. You might be able to get help from a national title company such as Fidelity, Chicago or First American. You have a very complicated situation though, and you may make a bigger mess for yourself than you have now if you don't at least consult with a California lawyer who knows real estate AND tax law. By giving away your shares of the property you may make yourself liable for gift tax. Gift tax is paid by the giver, not the receiver.
Three other things to keep in mind:
(1) The property affected by the transfer must be accurately (legally) described in the deed (e.g., words like "Lot 116 of the Baker tract of Sullivan's Addition to the City of Palmdale, as hown on Map 14, Book 4-C, Records of the Los Angeles County Recorder," or "The SE 1/4 of the SW 1/4, Section 33, T 30 N, R 5 W, Humboldt Base & Meridian").
(2) With a grant deed, the grantor should decribe the interest in the property being conveyed; if you own a 3/100 interest, the deed should state that this is what you're granting.
(3) In order to transfer ownership, the deed must be delivered (and accepted) by the grantee (or the grantee's authorized agent). You can't give someone property against their will.