Legal Question in Real Estate Law in California
my uncle bought my mother a home in 1997, which she has been occupying ever since. he passed away a couple of years ago. my mother now needs to try to sell the house because of health problems, but when we checked the deed, it does not have joint tenants designated, just both of their names. my aunt wants my mom to have the property....my uncle's estate was in a trust acct with my aunt. no new deed was done, so i don't know if the house in question was listed in the trust documents. what do we need to do to get the deed in my mom's name only?
2 Answers from Attorneys
Without looking at your uncle's trust documents, to determine how title passed upon his death, there is no way to answer the question. It may be the house needs to pass through probate, or it may be trust property, in which case the trust documents would govern how the trustee can dispose of the property. Bottom line is that this is too complicated an issue for an internet Q&A. You need a lawyer at least to look over everything and point you in the right direction.
According to your question, title was in the name of your mother and your uncle. Jointly owned property is considered to be held as tenants in common, unless shown otherwise (such as joint tenancy). Therefore, it would appear that his estate ownes 50% of the property.
If he listed his portion in his trust, even though it was not deeded to the trustee of the trust, you may be able to avoid probate through a special petition filed with the court. It is much faster and less expensive than a probate.
If it was not listed in the trust, the only way to change title would be through probate.
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