Legal Question in Real Estate Law in California
Grant Deed
When the joint tenant dies, does the remaining joint tenant who is transferring title file the death certificate with an affidavit and sign only his name on the Grant Deed, or put both joint tenants name as the grantors?
Asked on 6/21/07, 4:17 pm
2 Answers from Attorneys
Bryan Whipple
Bryan R. R. Whipple, Attorney at Law
Re: Grant Deed
The former; you can't sign for a person who is already dead; not as an agent, not under a power of attorney, and not as an amanuensis, and certainly not as a surviving joint tenant.
Answered on 6/24/07, 6:59 pm
Roy Hoffman
Law Offices of Roy A. Hoffman
Re: Grant Deed
You need to record an "Affidavit of Death-Joint Tenant" which you can obtain from any stationary store. The only signature required is that of the surviving joint tenant.
Answered on 6/21/07, 5:59 pm
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