Legal Question in Wills and Trusts in California
Mother passed away in '87. Transferred ownership of house to my sister. This was also stated in her will. Only my sister got a copy and she recently passed. Her husband says he has no knowledge of this will. Trying to get a copy for some information on the house. My Mother passed away in Ventura County, Ca. Was told by the county recorder to get in touch with the probate department. Since there was a transfer of property shouldn't it have been recorded? Thank You, C. M.
3 Answers from Attorneys
Contact the customer service dept. of a local title company and have them pull up for you a copy of the last deed of record on the property. They will need the street address and maybe a few dollars.
Old Republic does it for free.
The answer to this puzzle lies in an understanding of how the respective documents work.
You say that your mother "transferred" thie house. Was this by deed? If so, the deed should have been recorded. The county recorder would have a record of it if so.
If, on the other hand, ownership was transfered by will, the will would have to have been admitted to probate and subsequently a probate deed could have been executed. That is why the recorder suggest you contact the probate department. It is quite possible that a will was not probated. In such case there might be no record, in either place, of such transfer. If the will was probated but no follow-up deed was executed, the recorder would still have no record of the transfer.
Does all of that make sense?
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
