Legal Question in Real Estate Law in California
My parents have paid off what they owed on land in Southern California and now want to put the property and deed to the mobile home in their name but the deed is in a woman's name who has long since deceased and who willed the residence to her son. However her son has not put the property in his own name. To get the house to be transferred into my parent's name it must first be put into the son's name and then the transfer process can go through correct?
4 Answers from Attorneys
If and when you need to hire counsel to help in this, feel free to contact me. This sounds like it will involve probate and wills issues regarding the woman and her son if the transfer wasn't already handled correctly at her death. .
Sounds to me like a "contract for deed" situation, where title hasn't passed, but where you, as buyer, have now fulfilled all the preconditions to becoming owner. I'd suggest finding a lawyer in your area to assist in straightening out the transfer of title with the seller's estate and heir.
There's a procedure in the Mobile Home Residency Law to declare a mobile home abandoned. It is usually brought by the owner of the land the mobile home sits on, and is used in situations where the previous owner has disappeared or died, and no one is paying space rent.
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