Legal Question in Wills and Trusts in California
my late husband's wil
My husband passed in 1998. He left all our community property to me, his wife. I am now selling land we owned since 1990. The title is having trouble being cleared for resale as we bought the land as husband and wife, and after my husband died I filed the affadavit of deceased joint tenent, and then my grant deed stated I was a joint tenent with my late husband. This difference in wording is causing the title company problems to clear the about to be sold property. The title company wants to contact my late husband's sons (from a previous marriage) and have them Quickclaim the property to me.
I don't like this plan. Is there a limit of time, since it has been 11 years since my husband's death, that anyone can contest a will. They never did contest the will as my husband clearly stated they would inherit nothing and I everything (we also had a young daughter together at the time)
thank you
Cathy
2 Answers from Attorneys
Re: my late husband's wil
Without knowing all the details it sounds like you need to do a spousal property petition to clear your husband's name off the property. I do these throughout California. If you want it done quickly and efficiently contact me. I would estimate $2,000 in total including Court costs. -John
Re: my late husband's wil
If the title was in community property, a spousal property petition should clear it for you. You wouldn't need the consent of his sons, but they would receive notice and have the opportunity to object (although they'd have a difficult time being successful if they did object).
The petition is filed in probate court, and should result in an order confirming the property in your name in about 6-8 weeks.
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