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...........
3 Answers from Attorneys
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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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.
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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.