Legal Question in Real Estate Law in California

Sale of land hindered by missed probate and liens

My mother and her two sisters inherited land in San Bernardino county decades ago (1/3 interest each). One sister died 15 years ago leaving her personal property to her three children. My mother thought they had the property sold for $13.000 last month but the title company came up with two problems.

1. The property is stil in my aunts name. As we found out, it wasn't listed in the probate inventory.

2. All three of her children have tax liens against them.

The salesman thought this might be one of those times to just walk away from the property. One of my cousins thinks they can transfer their names to the title using an affadavit of death, death certificate and copy of the probate papers then quitclaiming it to my mother and aunt for no monies.

I thought it had to go through the court again. And I'm wary of quitclaim deeds when tax liens are involved.

What is the procedure and approximate cost to correct this problem?


Asked on 9/27/04, 12:54 pm

1 Answer from Attorneys
Ken Koenen Koenen & Tokunaga, P.C.

Re: Sale of land hindered by missed probate and liens

If the 3 sisters owned the property as joint tenants, then it passes without probate, and an affidavit of death of a joint tenant would work. Otherwise, you may need to reopen the probate.

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Answered on 9/27/04, 6:21 pm


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