Legal Question in Real Estate Law in California

Re: Deleting deceased spouse's name from deed.

The answer depends on the form of title--the attorney would have to review the latest deed for the property to know what procedure is required. At the same time, your mother's estate should be reviewed to ensure she has what she needs for the future, like a will or trust, powers of attorney, and planning for tax consequences.

If she can't find the deed, it's not difficult for an attorney to obtain a copy through a title company or public records.

Re: Deleting deceased spouse's name from deed.

It depends on how title is held, if there are other assets, and the tax consequences. If the transfer is not done properly, there could be sustantial tax consequences. I suggest you contact an experienced probate attorney.

If would like a free initial consultation and case evaluation, please e-mail me with contact information or call me at (818) 991-6664. I have over 20 years experience in these matters.

Good luck and thank you for your inquiry.

Re: Deleting deceased spouse's name from deed.

It depends upon how they held title.

Re: Deleting deceased spouse's name from deed.

It's easy to say it will depend upon how title is held with that is the basis. The problem is that there is a great deal more to consider in this kind of situation. It is the tax effect together with the rest of the assets in the estate of your mother. All you have to do is set up a deed to delete your father but it could be done in such a way as to make any adverse tax effect occur or one would not otherwise occur. This is a simple situation that any attorney who understands that real estate/probate can handle. Many will give you a free consultation and their preparation of a proper deed to be recorded together with an opinion letter should not question much. In many cases it is well worth the expense. If this is the only assets in the whole of her estate, no other cash, insurance, stocks, bonds, artworks, antiques with things in that sort so that the total estate is well under $1 million, then it may or may not involved a court petition. Even if it does there is a summary procedure which should not cost a great deal of money.I have practiced law in the San Francisco Bay Area for over 30 years in this specialty if you wish to contact me please feel free to call me at 925 -- 945 -- 6000.