Legal Question in Wills and Trusts in California
My aunt and late grandmother have both their names on the title of their house. Since my grandmother is no longer living does her name need to be removed from the deed? Will my aunt have a problem willing the house to a relative?
1 Answer from Attorneys
You don't remove a name from a deed. I would have to know how they took title, such as joint tenants, or tenants in common, or whether it was simply a life estate, etc. You don't provide this information. If they held title as joint tenants, you aunt owns the entire property by right of survivorship, and only needs to record what is known as an affidavit of the death of a joint tenant to clear up title. If title was held as tenants in common, then the late grandmother's estate would own half the property, and your aunt could only pass a half interest to a relative via a will. You are going to have to provide more information for a definitive answer.