Legal Question in Wills and Trusts in California

Re: What Can I do?

Partially, it depends on how they held title to the property (tenants in common, jont tenants or community property). They probably will not need a full probate, but that will get us going in the right direction.

Feel free to call me with the information on how title was held, and I can help direct you.

Re: What Can I do?

I can think of two scenarios under which no probate needs to take place to have the property transferred from your father to your mother. Likewise, once the property is in her name, it is a simple process to put your name on title as well.

I am located in San Jose if you need an attorney near you. Please do not hesitate to contact me if you have any questions.

Sincerely,

Kai H. Wessels, Esq.

(tel. 877-Wessels)

Re: What Can I do?

your mom should consult an attorney to determine whether or not probate is required, whether or not an estate tax return needs to be filed and to ensure that any transfers are done correctly and completely.

Re: What Can I do?

It's a fairly simple process. You need to have a spousal property petition filed and then she can change the title to whomever she wants. I handle these types of cases all the time.