Legal Question in Real Estate Law in California
My mother-in-law died, leaving her house to all three of her children. We would like to purchase the house from the other two heirs. We have agreed on a price and now just want to have the title changed. There will be no loan against the house, we just need to have the deed changed. What steps do we need to take?
2 Answers from Attorneys
There are about four quite different ways that property can pass from generation to generation: by will, in a trust, by intestate succession (no will or trust) and by joint tenancy. If you inherited under the terms of a will or by intestate succession, a probate proceeding will be necessary. If the property passes under a trust or (unlikely here) joint tenancy, you avoid probate on the asset or assets thus passing. If you need to probate the estate, you'll almost certainly need to employ an attorney to assist the executor or administrator, and he or she should be able to assist in preparing the deeds necessary to transfer title to you. Otherwise, a real estate or trust attorney should review the trust and advise you. Note that there is a potential conflict of interest in having one attorney do documents for three related families, but the transaction is basically simple and the conflict can be waived in writing.
You need to have an attorney review the papers concerning the inheritance and get advice on how best to proceed.
This answer is not intended to create, nor does it create an attorney-client relationship. The answer is provided for education purposes only and is not to be considered legal advice. The answer is based upon the facts provided in asking the question. Additional or different facts could change the answer. An attorney should be consulted to obtain legal advice in order for you to understand your legal rights.
If you would like to obtain legal advice about your situation, I am available to consult with you at your convenience. The initial consultation (30 minutes) is free. If you would like my assistance, please contact me at 916 925-6005.