Legal Question in Real Estate Law in California
I sold my little house in Oregon (that I owned 100%) and the buyer faithfully makes his monthly mortgage payment to me through an escrow company. Since I never married and have no children - I have no heirs, and really nothing else of value in my name to inherit or worry about. I now live with my sister in California, and probably will for the rest of my life. I would like to add her name to my house paperwork so that, if anything ever happened to me, she could continue to collect on the note without interruption and it would all just go to her. Is there a simple way to do this? Hopefully a one-page document we could sign and then record in the county up in Oregon?
Thank you for your help!
3 Answers from Attorneys
Since the home is no longer yours, you can not put your sister on title. Contact the buyer and see if they will agree to amend the sale contract to read that the money goes to her if you should be dead. Make a simple Will naming her sole beneficiary. You could save time by setting up a trust and putting the note into the trust with you the recipient of the trust funds or your sister if you are dead; that is better than a Will.
I would suggest having an estate-planning attorney draw up a super-simple will naming your sister as your heir. Perhaps she is already your sole heir under the rules applying to people who pass away without wills (intestate succession) but having a will would clarify matters and avoid possible disputes. This would take care of any miscellaneous assets you have as well.
I agree with Mr. Shers. Now that title has been transferred, property title is irrelevant, since title is now in the buyer's name. I suggest you repost in the category for Oregon lawyers to answer, to find out how to assign the promissory note from you to you and your sister, in some sort of joint form.
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