Legal Question in Wills and Trusts in California
My granfather passed away in feb 2010. When he passed I was living in the home with him.he had 2 wills that were turned in and his estate is being probated.when he passed the title of the home was in his name. I recently found out my grandfathers step daughter got his death certificate and filed a loss title and registration form and had the title put in her name in april 2010. Is this self dealing fraud?now she's trying to evict me from the home. Does she now have authority to do so or does the home still have to go through probate process?I'm a legal heir and she is not.
3 Answers from Attorneys
There are only four ways that I know of to transfer title to a decedent's real property outside of probate. They are as follows:
1. The owner of the property deeded the real property to the trustee of an intervivos trust, and the trust instrument controls the beneficial interest in the property.
2. Title to the real property was held as a joint tenancy between the deceased and a living person, and the living person records an affidavit of death of joint tenant.
3. Prior to death, the real property was subject to a deed of trust, and the lender forecloses when the note is not paid.
AND
4. No one ever steps up and pays the taxes, allowing the property to go into tax default. The County Tax Assessor then sells the property at a tax foreclosure sale.
None of these appear to apply to the situation you have presented. You need to contact the executor or administrator of your estate and inform them of what is going on.
The information provided is cryptic, but it appears that a mobile home may be involved, which could be located on real property owned by the decedent. In any case, the advice to contact the executor or administrator of the probate estate (or the attorney involved) is good advice, as the probate court has jurisdiction to sort out what the step-daughter may have done. You should do so without any delay.
Your question raises a number of issues which require additional facts to address. I suggest that you get yourself an attorney ASAP.
Good luck.
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