Legal Question in Real Estate Law in California
right of survivorship
my husband and I own a home and it is mortgaged - I believe under joint tenancy with right of survivorship. He died 5 years ago and I have been making the mortgage payments, etc. since. I now want to sell the home and was wondering if I need to have the deed somehow transferred to my name only, etc. since of course he would still be listed on both the mortgage and deed or if I simply present a copy of his death certificate when I go to sell the house.
1 Answer from Attorneys
Re: right of survivorship
Your easiest means is to file a Notice of Death of Joint Tenant with the County Recorder's office. This will place notice on the title of the home that you are the surviving joint tenant and will avoid any possible titel insurance issues.
We would be happy to prepare this for you as we specialize in trusts, wills, estates and Probate.
If you would like to discuss this matter further in a more private forum, please feel free to contact me directly at the email address provided by LawGuru or through our firm�s website located at PasadenaEstatePlanning.com
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No attorney-client nor confidential relationship is created through this communication. You may not rely in any way on this communication, and nothing herein constitutes legal advice nor legal opinion. Your issue may be time-sensitive and may result in a loss of rights if you do not obtain an attorney immediately.
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