Legal Question in Wills and Trusts in California
If a person was willed a house but never went through probate to aquire the house and then 10 years later died himself, does he even own the house and can he will it to another person?
2 Answers from Attorneys
Yes, but it will require formal court proceedings to transfer title. The person receiving the house by Will is entitled to will it to another person however there has to be a Probate for the first Estate in order to transfer title to the second person's estate and then a Probate of the second person's estate to transfer legal title to that person's beneficiaries or heirs. If you are in Northern California, I can assist you with this process.
I agree with Mr. Feldman, although it may be a little more complicated than he lays out. You have to look at what happened in the ten years between when the original owner died and when the second person died. Many things such as adverse possession, tax lien sales, foreclosures, etc., may have happened in those ten years due to the property not being transferred to a new living owner. So it is far from clear whether a probate of the first person's estate could transfer title to the second person's estate, because the first person's estate may no longer have title to it. Whomever is the heir or beneficiary of the second person's will, trust, or estate should definitely contact a local lawyer in person.