Legal Question in Wills and Trusts in California
no living benificiary
Grandma died and left a property that is paid in full to her daughter. The daughter died before grandma and the benificieray was never changed. Grandma still has 3 daughters left. Currently, the information including taxes still reflects grandma's name. The daughter pays for the propety tax when they are due.
What necessary steps should the daughter take to transfer ownership and title to them. Is that possible?
2 Answers from Attorneys
Re: no living benificiary
The answer depends on Grandma's will--depending on the wording, the property may go to her beneficiary daughter's children, or to Grandma's remaining daughters. In either case, a probate is probably required. Have a probate attorney review the will and deed (if you have a copy--if not, the attorney can get a copy) and let you know what's necessary to make the transfer.
Re: no living benificiary
It is possible to transfer the house but the answer to your question depends on how grandma held title to the property. If the property was not in a trust, and grandma left the property to her daugher through a will, then you have to process the transfer through the probate process. See a probate attorney for further advice.
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