Legal Question in Real Estate Law in California
real estate
My mom and I own a home together that we live in, in calif. We are refinancing our loan. How do I list our names on the loan? If either of us die we want the house to go to the other and not to go through probate or a will. Not have to pay any additional taxes.
2 Answers from Attorneys
Re: real estate
The "loan" has nothing to do with how title to the property is vested (or held). You need to make sure that a deed is recorded vesting title in your and your mom's names as joint tenants. In the event one of you dies, the other will be vested with the property. However, when one of you dies, the county assessor may reassess the property.
Re: real estate
You merely need to make sure that title is vested in your name and your mother's name as "Joint Tenants". If it is not that way already, all you need do is have the present owner deed it to you both that way; for instance, if title is in just your mom's name, she must prepare and execute a deed to herself and you as joint tenants and then it must be recorded in the county where the property is located. It is very easy, you can get the forms at a good stationery store or at a title or escrow company and then when signed, it must be notarized and you must record it. How you list your names on the loan is less important, as that does not determine who gets what in the event of a death.