Legal Question in Wills and Trusts in California
My husband passed away with two homes solely under his name. One in NM and the other in CA. How do I go about getting only the the NM under my name?
ps...when he purchased the home, I had to sign a form relinquishing my rights to the property because I was not able to be with him when he purchased the home and that was the fastest way to do it.
1 Answer from Attorneys
It depends. In California we can often do a spousal property petition to get the property transferred from one spouse to the other after death. This is an abbreviated probate process. It depends on if he had a will or if no will are you the next of kin. Many different possibilities there. Just because you signed off on the house certainly does not mean it's not "community property" but we would have to prove that to the court. Then the question is where he was a resident (California or NM) at death and finally what are the laws of New Mexico. I can help with the laws of California but would need to connect you with a colleague in New Mexico if you don't have a probate attorney there yet. Good luck. -John
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