Legal Question in Wills and Trusts in California
Dad purchased property before he married mom and the Grant Deed was recorded as he being a single man. He then married mom. Documents that were recorded after the marriage pertaining to the property had both their names listed. Dad dies and in his will that was witnessed by two people, gave the property to mom. Mom dies and in her holographic will gives the property to her chosen heir. The original Grant Deed that was recorded when dad first bought the property showing him as a single man, was never updated to include moms name. After dad died, mom changed the tax bill only to show her name and not both names as previously shown. From when dad died to when mom died, an employee of the county recorder, reviewing the history of the property, seeing both names on recorded documents that were generated after the marriage, apparently determined that mon was sole owner of the property, i.e.-the title is in her name but this of an unrecorded nature. There is no documented proof to this and the county recorder does not know who or at what time the change was made. So my question is, what are the options to prove to the Court of Probate that the the property goes to the chosen heir?
2 Answers from Attorneys
You have to go and trace the title and follow the probate proceedings. In this case Mom's holographic will needs to be probated. Our office focuses on estate planning, probate and trust administration. If you would like a free 30 minute consultation, please contact us. 858.558.1191
I don't know where Mr. Webb is coming from, but you don't update a will for someone who has died.
Your post is incredibly confusing. You state that documents recorded after your parents' marriage had names in both, and then later state that no documents were recorded. You do not state whether your father's estate was ever probated.
You need to gather all of the relevant documents, including deeds, whether recorded or not, and wills and any other relevant instruments, and speak to a competent attorney.
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