Legal Question in Real Estate Law in California

Why is it desired for her name to be removed? If it is to avoid liens by government agencies, you are best to consult with an attorney specialists as the rules are involved and include look back periods.

Not without a court order, and only upon a showing of legal need, such as to sell or refi the property. Such order could be.available after filing and obtaining Guardianship or Conservatorship over her. If you need to do so, and are in SoCal, feel free to contact me for the legal help you need.

Elements in your family strategy should include the following:

(1) Consider how title is held....there are different consequences if, for example, they hold title as joint tenants versus community property.

(2) Consider whether your mother had an advanced health care directive or durable power of attorney in place before her stroke.

(3) Consider whether she has a will or trust or both in place.

(4) Do not transfer title, or any fractional part of title, for less than its fair market value, if the purpose or effect will be to make it more difficult for a creditor, existing or feared, to collect a future judgment (or other bill). Such transfers, especially to relatives, are considered fraudulent, can be set aside, and are relentlessly hunted down by the sleuths at MediCal (for example). See Civil Code sections 3439 to 3439.12 for particulars, including damages.

(5) If the title transfer were to be necessary for a legitimate purpose, such as a sale to an unrelated party for fair value, a court order will probably be necessary, more likely than not an order appointing a conservator. As a real-estate lawyer, I'm not fully up to speed on conservatorships. Your father could perhaps qualify, but my colleages tell me that conservatorships are a nuisance to administer - lots of reports, bookkeeping, etc.