Legal Question in Real Estate Law in California

Re: real estate title and deed

I agree with the previous comment that your question is a little vague. It sounds like your father was married when he died, to someone other than your mother. My expertise is not in Decedents Estates but my understanding is that generally, a spouse will get assets of their deceased spouse absent a writing (ie. a will) to the contrary. If daughter and Father were in some way co-owners of the home, then his share may have gone to his widow.

This question may be more relevant as a wills and trusts question than a real estate one. You may need to consult an estate attorney.

Re: real estate title and deed

Your facts are difficult to follow because you have given us a bare-bones story and may have used some legal terms incorrectly in the process.

"Daughter listed as grantee--" on what? A deed? Who was the grantor, the father before death, or someone else? When was this grant made, by whom, and was it recorded?

"Father dies," -- Did he leave a will or trust? Was he married at the time? Did he own the house at the time? Are there other children?

"Spouse files affidavit" Whose spouse? Are you speking of father's wife or daughter's husband?

"...daughter still on deed..." Do you mean on title?

Try to re-ask this question giving five times as much explanation and we'll perhaps be able to give you a useful response.