Legal Question in Wills and Trusts in California
When my husband and his parents refinanced their home, they missed adding the vesting on the grant deed. My husband, the grantor, added his mom and dad (as married couple), and himself (as single) as grantees, but forgot to add the vesting part. However, it was noted on top the documentary transfer tax is gift. His mother died and did not write any will. Is this an invalid deed? If so, how can it be corrected, and how can my husband earn his full rights on this property?
3 Answers from Attorneys
You are mis-using the term vesting to a degree that I cannot follow your question, nor am I sure I can follow the rest of it. Who owned the home before this deed? It sounds like you are saying his parents refinanced THEIR home, but if that is the case, why would your husband be the grantor, since the grantor is the person who has title before the deed, and the grantee(s) are who hold title after the deed is given, and if he was your husband, why as single? None of this is making any sense.
I, too, am having trouble understanding your question. To me, it sounds as if your husband owned some property and granted deeded his parents as partial owners of the property. I have no idea what a "vesting party" is as the term is not usually used in this context.
Please clarify what happened.
Who originally owned the property?
Was there a new deed created granting a third party partial ownership?
When was the property transferred?
When did the mother pass away?
Which of the purported owners are still alive?
You don't have to have to the word "vesting" in a deed to be valid. Vesting is a term of art that applies to determine when someone has title.
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