Legal Question in Wills and Trusts in California
Probate
I am on the deed to my house along with my father who has just passed away without a will. My father also has a motgage on the house which I signed the loan modification for him with my power of attorney. I need to know what do I need to do to get this house into just my name.
2 Answers from Attorneys
Re: Probate
If you are a joint tenant on the deed, all you need is to file an Affidavit of Death of Joint Tenant (with certified copy of your dad's death certificate) with the Recorder's Office of the county where the property is located. The Affidavit must be accompanied by a preliminary Change of Ownership Report and a Claim for Reassessment Exclusion for Transfer between Parent and Child (the last so you don't get re-assessed.) Feel free to email me if you have any other questions.
Re: Probate
Title depends how you would transfer.
If joint - could pass to you easy -
If tenants in common - may need a probate.
I can handle the probate for you. - am attorney for estates all around california.
Do you have a copy of the deed? if not i can order for you. After finding out title, will let you know what is needed - no cost for plan
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