Legal Question in Real Estate Law in California

my late husband's wil

again, my late husband and I owned land in New Mexico (we live in CA), which was Warranty Deeded to us as Husband and Wife. After my Husband's death in 1998 I filed an Affidavit of Death of Joint Tenant which stated the land was sold to my husband and I as Joint tenants, and of course this was recorded at that time.

My husband will disinherited his sons (from an earlier marriage) and left all community property to me. His will was made in 1992. The will was not contested and sons were notified at his time of death.

I now want to sell this land and the title company is having trouble clearing the title because of the wording, first being sold to a Husband and wife, and then after my Husband's death, the Affidavit states it was sold to my husband and I as Joint tenants. This land is in New Mexico. How can I clear this without a great expense

thank you


Asked on 6/10/09, 10:44 am

1 Answer from Attorneys
David Gibbs The Gibbs Law Firm, APC

Re: my late husband's wil

I am sorry to hear of your problems, however, you need to re-post this to NM attorneys in the real estate and real property forum. The question of title to the property, transfer on death, etc... is a question of NM law even though you were living in California at the time. Has the title company given you any indication of what they want to resolve this? My guess is that if the title company cannot clear the title with the use of the Affidavit, then you will probably have to open a probate in NM to clear title. Contact both NM Real Estate and Estate attorneys on the forum to ask your question, as the entire thing is a question of NM law.

*Due to the limitations of the LawGuru Forums, The Gibbs Law Firm, APC's (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided is general and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.

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Answered on 6/10/09, 12:00 pm


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