Legal Question in Real Estate Law in California

Re: put name on inherited house

How title is transferred to heirs depends upon a number of factors that you have not described.

Assuming that the title was your mother's sole and separate property at the time of her death, and assuming you have a will that leaves the property to her children, then you need to probate the will. The probate court will eventually enter an order transferring title to the heirs.

Probate is very technical. You should hire an attorney to do this, his or her fees are paid out of the estate and not by you.

Re: put name on inherited house

Unfortunately, a will does not allow for automatic transfer of title to a beneficiary. Her estate will need to go through probate in order to change title.

Re: put name on inherited house

Of course they could and is your question because the title company cannot practice law without license. Basically, I'm going to be the bearer of bad news. Merely because your wife and her brother shared title equally does not mean that she automatically becomes the owner upon his death. The Havel will when he died into the lead that property to someone else. Did he Havel family, wife children, eccentric and if he had no will then in California the laws of intestate succession controls. That means before your wife would take there would have to be no previous up family members who are lives such as, his mother father, wife or any children. So, therefore, as they probably told you at the title company can a real estate/probate attorney who can explain this all to you in Siegel in actuality owns the other half of that piece of real property. I've been practicing long the state of California for over 30 years in the San Francisco Bay Area and if you wish to consult with me, 925 -- 945 -- 6000.

Re: put name on inherited house

It is not as simple as you want it to be or as reason would indicate. No automatic transfer from will. Also, your brother, under the law, has right of tranfer of his share upon death. You need a lawyer to figure all of this out.