Legal Question in Wills and Trusts in California

I am sorry for your loss. Sadly you will need to file in probate Court to clear title to you. It is possible this can be done by a spousal property petition. Otherwise, a full probate may be required. Call me and we can discuss your options in more detail. -John

Mr. Palley's advice is sound. You can continue to take care of the land but will need to eventually either probate it or do a property petition. Either way, you will need help. Use the "find a lawyer" tab on LawGuru find an attorney in your area. In addition to that, contact your local bar association for referral to an attorney who specializes in this. Often, but not always, the attorney will do an initial consultation free of charge. You will then be in a better position to determine what to do next. Best of luck to you!

Ms. Johnson's advice is good. You need to be able to tell the attorney when you bought the land and where did the money come from.

You also what to be able to show whether it was community property money that was used to pay the taxes, loan, upkeep, etc. on the property. That part of the property that is in your husband's estate takes a stepped up basis as to its fair market value of the date of his death, so you actually would probably want to show that all the land ownership is in him and not you. Unless you are not the only heir of his estate, you may for tax purposes want to have as much as possible of the real property in his estate to get that stepped up basis. To avoid county tax reassessment, file the inter-spousal transfer form.

Mr. Shers is incorrect in that community property gets a full step up. But all the attorneys are otherwise correct- you need to bring all the paperwork and facts to an attorney who can help file the correct forms with the assessor's office and determine if the property is community property (in which case you can file a spousal property petition and will be the sole heir) or separate property (in which case you need to file a probate petition and, if your husband has any children, will only be heir to part of the property.)