Legal Question in Wills and Trusts in California

Just keep paying the mortgage and she should be fine.

However, if she ever wants to sell or re-fi it will have to go to probate Court.

Most likely a spousal property petition will work.

This is a pretty efficient form of probate.

Contact me with questions. -John

With respect to the mortgage, as long as your grandmother keeps paying it there should not be any problems. You will need to file some type of probate in order to get the house, and any other assets, into your grandmother's name. Without knowing all of the facts, such as what other assets there are, whether there are any other potential beneficiaries, and whether any of them would want to contest your grandmother's rights, it is hard to say for sure, but as John Pailey commented, a spousal property petition might do the trick. Depending on the amount of assets, there might also be some estate planning opportunities or issues. Finally, it would be best for you to deal with all of these issues now rather than waiting until (a) your grandmother needs to refinance the house, or (b) until she passes.

If you have any more questions, please feel free to give me a call or send me an e-mail.

Jon Reich

your grandmother should retain a qualified attorney in the county in which she resides to file a petition with the probate court.