Legal Question in Wills and Trusts in California

My husband inherited his folks house a couple of years ago but never changed the title into his own name. Is this now or can this become a problem legally?


Asked on 1/17/10, 9:03 am

3 Answers from Attorneys

Jonathan Reich De Castro, West, Chodorow, Glickfeld & Nass, Inc.

If you have not received any notices from anyone it is not "a problem" right now but it absolutely will be a problem in the future. If you ever want to rent or sell the house it will have to be in his name. If you ever have an insurance claim and the insurance company finds out that he does not own the house (I am assuming that he is just paying the insurance without saying anything) the company could use it as a basis to deny a claim. (And don't think they won't try if it is a big claim.) Likewise, if there is a loan on the house and the lender finds out it could be a problem. The best thing to do is to just take the steps necessary to get the house into his name. Generally that is not too hard to do, and what actually has to be done depends on how his parents held title. He might be able to do this himself, but it probably would be better for the two of you to sit down with a lawyer.

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Answered on 1/22/10, 9:22 am
Michele Cusack Pollak & Cusack

The above is correct... also, your husband could owe increased property taxes when the county finds out about the transfer, if he has never filed a Claim for Exemption from Reassessment for Parent-Child Transfer with the Assessor's Office.

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Answered on 1/22/10, 10:40 am

It becomes a problem when you want to sell or re-fi the property or if you die. At some point title needs to be cleared through some sort of probate action. I am a certified specialist in probate law and conduct probates throughout the state. My main office is near Arden Fair Mall. Would love to help you. Feel free to call or email with your specific questions and I will answer them off-line. -John

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Answered on 1/23/10, 8:12 am


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