Legal Question in Wills and Trusts in California

Re: Which One?? Notorized Quitclaim/Deed of Trust??

Your relatives would have needed to execute a quit claim deed, which must be notarized, in order to transfer their property to you. A deed of trust is used as security for a promissory note or other loan. If the decedents are the sole owners, the only way they can transfer the property to you post death is by a probate proceeding. You should consult an attorney in the area near the location of the property.

Re: Which One?? Notorized Quitclaim/Deed of Trust??

The answer depends on the title--if it's a life estate, joint tenancy or revocable grant deed, the document appropriate to each of those (notarized) can be filed with a death certificate with the county recorder.

Otherwise, probate is probably required. If the property's worth less than $100,000, a simpler court process can be used, but probate is still involved.

Re: Which One?? Notorized Quitclaim/Deed of Trust??

You have been told to but by whom. Go to an attorney, give him or her all the facts and he or she will tie you what to do. I would need to know more to be able to tell you what you would have to do. Is it real property or personal property. How his title held of title is at issue. Is the estate under $100,000 or over $100,000. Is there will, a trust, any document of testamentary nature. My advice, don't waste time on the Web get your assets by seeing an attorney who is schooled in probate/estate planning.i have been practicing law in this speciality for over 30 years in the san francisco bay area and if you wish to consult with me you can contact me at 925-945-6000.