Legal Question in Wills and Trusts in California
Property in Deceased Relative's Name''Adverse Possession?''
TWO ISSUES NEEDED RESOLVED:
[1]...Deceased relative's name is deliberately left on title of house.Why I am having such a chaos of finding a simple procedure of transfering ''title''? I am the only heir.Administrator of this prolonged case.Fell in the cracks of the courts.I've heard of a few who might of been successful in refinancing their parent's home,while title remained in deceased relative's name.Deed it to myself?
[2]...Can you provide any codes of true facts,proof where it states while in probate, YOU CAN'T GET CASE TRANSFERED TO ANOTHER COURT?Code170.1;170.3;170.6;Any of these concrete enough to remove a judge off a case?
2 Answers from Attorneys
Re: Property in Deceased Relative's Name''Adverse Possession?''
Your questions are a little confusing. I will do my best to answer based on what you have presented.
Joint tenancy interests can be transferred by recording an affidavit of death of joint tenant. Any title officer can help you with this. If the property interest is not a joint tenancy interest, title transfers are effectated through a court order in the probate process. It is up to the adminstrator to handle this issue. If he/she is not doing the job, you can petition to replace the adminstrator.
If you need money or the loan is in default, there are steps you can take to protect the property (i.e. an injunction).
CCP 170.6 is a challenge to a judge that removes him or her from the case. There are strict time lines for when it has to be filed. The question regarding venue changes are technical and I would need to learn more about your case to help.
It seems clear that you need a probate attorney. Contact us if we can be of assistance.
Re: Property in Deceased Relative's Name''Adverse Possession?''
Unless title was held in a trust, or joint tenancy, or perhaps a life estate, probate will be necessary to transfer title to real estate. Even if the property interest is worth less than $100,000, probate paperwork is still required.
Cases can be difficult to close, but it would take a review of the file and actions so far to determine what is needed now to close the estate and have the order transferring the property to you.
As for refinancing, if the need is imminent, there are steps available to keep the property from foreclosure, but they require quick action.
Regarding the removal of the judge, I suspect it's easier/cheaper/faster to file the necessary papers in the present court to close the estate.
You should check with a probate attorney and have him/her review the file/facts in your case to see what actions may be necessary and explain why it hasn't closed yet--there are remedies available to pressure the administrator to close the estate in a timely manner.
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