Legal Question in Real Estate Law in California
My parents have property here in Kern County, California. They have a portion of it that they have rented out for 2 years. My father passed away a few months ago and the people renting the property are now asking my mother for proof of ownership on the property. Though for the past 2 years the checks, and title, that was sent to the renters at the beginning of this, showed both my parents as the owners.
Is there anything my mother can do to move forward? What should she give the renters as proof other than the death certificate, which she has already given them.
1 Answer from Attorneys
How was property title held by your parents? If it was held in joint tenancy, or community property with right of survivorship, then your mother owns the entire property, without the need for probate. She would only need to record an affidavit of death of joint tenant with a certified copy of the death certificate.
There is also a rule that tenants are estopped from disclaiming or deranging the title of their landlords. The reason should be clear to you.
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