Legal Question in Real Estate Law in California

my mothers deed to property was filed wrong on the deed, myself and my sister are put on as co-owners.... this was simply supposed to have been a gift after she passes. Now my mother wants it corrected so she can quick claim to me..........california. can a simple correction deed solve this problem


Asked on 9/02/16, 4:46 pm

1 Answer from Attorneys

Bryan Whipple Bryan R. R. Whipple, Attorney at Law

The correction process will probably be pretty simple IF everyone involved is in agreement as to what the final result should be ........ what about your sister, is she on board? Also, note that your mother's plan includes a testamentary aspect ("after she passes") which seems to require that a correcting deed is only part of the process.....she probably needs a new or revised will and/or trust for that purpose. I strongly recommend paying a lawyer with real-property experience to prepare the correction deed and arrange for signing before a notary followed by recordation. Careful attention to detail can avoid errors and problems with lack of clarity in the resulting recordation, problems with transfer and capital-gains taxes, etc. Then, or perhaps first, have her see a wills, trusts and estates lawyer (perhaps with the same firm?).

Read more
Answered on 9/03/16, 9:47 am


Related Questions & Answers

More Real Estate and Real Property questions and answers in California