Legal Question in Wills and Trusts in California
My mother and I are both named on the title of her house. When she dies, will her house go into probate if she does not have a will or living trust? Also, my name on the title is my old married name (I am since divorced). Will this cause any trouble as well?
1 Answer from Attorneys
If you are Joint Tenants on the deed, the property will pass to you without probate. You simply file an Affidavit of Death of Joint Tenant with the county recorder (along with Change of Ownership Report and Claim for Exclusion for Reassessment for Parent-Child Transfer, to the assessor's office.) The name change should not be a problem, you just mention in the affidavit that you took title under another name.
If you hold title as Tenants in Common, your mother's half will have to be probated.
The drawback to this form of probate avoidance is that you will not get a full step up in basis on the property, only 1/2. Your mother should consult a qualified estate planning lawyer.
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