Legal Question in Real Estate Law in California
Title transfer, with no broker
My aunt is dying, and wants to sign over a lot of land, that she owns, to me. I wanted to know if I can do it with a quitcliam form? If not, what paperwork will make the deal ''Legal'' and complete?
3 Answers from Attorneys
Re: Title transfer, with no broker
The other answers may have missed the main problem - taxes. "Signing over" is another phrase for "gift." The transfer should be made by will or trust. That will save you lots of taxes. See an estate planning attorney. The undue influence problem may or may not be present but the tax man is ALWAYS there.
Re: Title transfer, with no broker
I would suggest you retain a lawyer for that purpose, because undoubtedly some relative in the future will question your aunt's mental competency when she signs such important papers.
Re: Title transfer, with no broker
You could run into a claim of undue influence from someone claiming to be an heir of your aunt's estate. I really need more info to apprise you on what the best course of action to take is. At the very least, an attorney who drafts the documents should meet with your aunt to ensure that her desires are being met.
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