Legal Question in Wills and Trusts in California
My mother has passed away & left no will other than a handwritten note of her intent to pass her 1/3 interest in a property to her son (myself). The property title is recorded as her 1/3 interest as "Tenant in Common", the other 2/3 are recorded as "Joint Tenants", which belong to her two brothers. The property holds little value & I believe to be not up to code , therefore un-saleable. Question: How do I go about recording her previous interest to myself?
1 Answer from Attorneys
Nothing is unsaleable.
The 1/3 interst in the property is subject to probate. If the property (your mother's 1/3) is worth under $150,000, then you can avoid a full probate and get the property transferred using a summary court procedure. However, in order to do this you have to have the property appraised by a California Probate Referee for the county in which the property is located. You should see a trusts and estates attorney near you to deal with this.
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