Legal Question in Wills and Trusts in California
Deceased father still on title to my property
My father and mother co-signed for my property 17 years ago, and are both deaceased now. They had a living trust witch equally divided all of their assets 3 way between their children. I am trying to re-finance my home and the title co says I need to go through probate court to take them off title. She says they own 50% of my property. Is there an easier process that probate court. I thought a living will excludes probate. Please direct me of the fastest process possible
5 Answers from Attorneys
Re: Deceased father still on title to my property
A living trust can do away with probate. However, unless the ownership if the home was put into the trust via grand deed, it was not done properly.
Depending on the value of the home, it may need to go through probate to get title changed.
Re: Deceased father still on title to my property
Depending on the value of the property some level of probate is probably be necessary. We do these type of probates to "clear" title to property quite a bit and are very good at it. We charge an hourly fee rather than a statutory fee which generally saves clients money. We work in all counties in California. Let me know if I can help you. [email protected]
Re: Deceased father still on title to my property
How are they on title?
If as joint tenants, the form to complete would be fairly simple and filed with the county recorder.
If they are tenants in common, then some type of probate court order would be required. Your case is a bit more complex in that it sounds like the intent was that they didn't really own the property, and so the best case scenario would put the property entirely to you, not shared with your brothers and sisters. To do this may require a "quiet title" action, or it may be accomplished in the probate court, depending on how agreeable your siblings are.
Re: Deceased father still on title to my property
To resolve your problem the signature of a Judge of the Superior Court will be needed. As time to you appears to be important retain an attorney to prepare the proper papers for filing with the Court.
Re: Deceased father still on title to my property
If the value of their interest in the property is less than $100k, you may be able to avoid probate. You email did not say, but I assume that the title of the property was never put in the living trust.
Mina Sirkin, Esq.
Certified Specialist in Estate Planning, Probate and Trust Law, State Bar of California Board of Specialization
Email: [email protected]
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