Legal Question in Wills and Trusts in California

affedit of death

Mother is deceased. Should she be removed at this time from title of my fathers home. I think it is a affedeite of death filed. Any suggestions...........


Asked on 11/14/07, 2:42 pm

3 Answers from Attorneys

Mitchell Roth MW Roth, Professional Law Corporation

Re: affedit of death

Only if they own the house as joint tenants with right of survivorship, or if the property is owned as community property with rights of survivorship. If it is simply owned as community property, you will have to file a probate of your mother's interest.

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Answered on 11/14/07, 3:25 pm
Jeb Burton The Burton Law Firm

Re: affedit of death

Mr. Roth provided a pretty comprehensive answer. I would add though, that if the house was in a trust (it would have your parents names as trustees of a trust), you would probably want to change the house title into your Father's name as trustee of the trust, depending on the terms of the trust. You should also notify any lenders of the death, if your parents had a mortgage on the house.

If you run into any problems, feel free to contact my office.

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Answered on 11/14/07, 4:29 pm
Donald Field Donald L. Field, Jr., Attorney at Law

Re: affedit of death

this depends upon how title was held and whether your mother had a trust, will or died intestate. your father should retain an attorney to ensure that any actions needed now are completed properly.

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Answered on 11/14/07, 6:35 pm


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