Legal Question in Real Estate Law in California

deed

my wife has property in northern calif. the problem is she is on the deed with her mother and father both are deceased.when her father died her mother quick claimed it over to my wife. then her mother passed away which leave only my wife. now the recorder says my wife only owns 50% because they never recieved a death certificate of her father. she has been paying on this property for 18 years. the assesors says to have an affidavit with death certificate then the court says something else. not sure what the answer is.

thanks--name removed--gomes


Asked on 8/31/05, 1:41 pm

2 Answers from Attorneys
Carl Starrett Law Offices of Carl H. Starrett II

Re: deed

If your wife and her parents held the property as joint tenants, then the document you are looking for is called an Affidavit of Death of Joint Tenant. Many recorder's office websites have samples online that you can fill out. I know the San Diego County Recorder's office has one online. You'll need a certificate copy of the death certificate, attached it a notarzied Affidavit and record it. That should clear up the issue. I've done this before and my fees are reasonable if you need assistance.

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Answered on 8/31/05, 1:48 pm
OCEAN BEACH ASSOCIATES OCEAN BEACH ASSOCIATES

Re: deed

A certified copy of the death certificate may suffice. Call me directly at (619) 222-3504.

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Answered on 8/31/05, 2:49 pm


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