Legal Question in Wills and Trusts in California
Deed transfered to my name
I received the deed to a piece of property owned by my mother. My mother passed away 5 yrs ago. I was told by a Title company that I would need a lawyer. Why? I have the property deed, my mothers death certificate, my birth certificate, and I.D. why can't I go to the recorders office and have the deed transfered into my name. I plan on selling the property as soon as possible because it is located in a 55yrs+ community. I will not be 55 for another 11 years. the property is paid off but there are assessments fees due each month which I really cant afford to pay each month.
2 Answers from Attorneys
Re: Deed transfered to my name
Unfortunately, the property, which appears to be the whole of your mother's estate, must go through probate. There are creditors, other brothers or sisters. Everything must be done according to the probate code. You need to get a lawyer.
Re: Deed transfered to my name
If by having the deed you mean a deed from your mother to you ("I, Jane Hobbs, transfer my interest in X property to Janie Hobbs."). If instead the deed is one from the seller to your mother as buyer, then you will need probate to transfer the house to you.
Some exceptions are: joint tenancy property, property under $100,000 in value (the process is simpler than probate but still requires court), and property held in trust.
Schedule an appointment with a probate attorney to have him/her review the deed and tell you what steps are required. The consultation should be free, and you can decide at that point what your next step will be.
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