Legal Question in Real Estate Law in California

Re: Real Estate -Title to the property

The answer to the first question is yes, it is possible to find out whose name is on title; this can be done at the recorder's office and if you go at a non-busy time (midday), the clerks on duty will probably be able to assist you to some extent. To get a better and more reliable picture of the status of record title, you should hire a title company or an independent title searcher to give you a professional title report. Keep in mind that in addition to what is reflected in the public record, there may be unrecorded deeds, deeds that are recorded but improperly indexed, and unrecorded and perhaps unwritten equitable claims against title.

The answer to the second question is that your right to inherit from your father depends upon whether he died intestate or had a will, or a trust. When a father dies without a will or trust, his estate is divided between his spouse and his children according to a formula set forth in the Probate Code. The surviving wife (your mother)would get her 1/2 share of the community property and 1/2 of his separate property, and the balance of your father's estate would be divided between your siblings and you. If there was a will affecting some or all of the estate, or a trust, the terms of those instruments would control, except that you mother will automatically get her 1/2 of the community property because that was already hers, and she would also get any property they held as joint tenants.

Sound complicated? It is, somewhat. But there are definite rules that can be traced out and applied for you if you go in for a free initial consultation with a probate attorney.