Legal Question in Wills and Trusts in California

Re: Deed to Home After Death of Spouse

If your parents held title as joint tenants, which is most likely if they've had the house for a long time and do not have a living trust, your dad needs to file an Affidavit of Joint Tenancy with the Recorder's office of the county where the property is located. Then, he would be able to set up a living trust and transfer title to the property to the trustee, so the house won't have to go through probate after his death.

Re: Deed to Home After Death of Spouse

I am very sorry to hear of the passing of your mother and I hope you and your father are doing well.

The change is relatively simple and can be handled by our office, or any other attorney, for a very minimal cost.

If you would like to discuss this matter further in a more private forum, please feel free to contact me directly at the email address provided by LawGuru or through our firm�s website located at PasadenaEstatePlanning.com

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Re: Deed to Home After Death of Spouse

The answer depends on Mom and Dad's particular facts. If they owned it as joint tenants, your dad needs to prepare and record an affidavit of death of joint tenant along with death certificate. If not held as joint tenants, there are other issues to consider, including whether or not your Mom left a valid will. Do NOT try to 'fix' title on your own! Consult with a knowledgeable estate planning or real estate lawyer who can review ALL the relevant facts and determine the appropriate steps to be taken. Hope this helps. Roberta Avrutin, Beverly Hills, CA