Legal Question in Wills and Trusts in California
recently our father passed and the home has been left to my sisters and me. What steps do we take to change the title into our names? He was divorced from his former wife when he died. She preceded him in death by 2 years. In he divorce decree he was awarded all interest in the house by the court.
4 Answers from Attorneys
It would be nice to know how title to the property was held by your father (ie. whether in a joint tenancy, or a tenancy in common, etc.), and whether there was a will or a trust, (or both), and whether or not the property was in the trust.
What Mr. Roach means is it is essential to know those things in order to answer your question.
Assuming the house has a gross value over $100,000 and was not held in joint tenancy, you will have to probate the estate. That will allow for a change in the legal ownership.
If the house was in your father's name only, then it is very likely that you would have to do a probate. If the house was in a living trust which your father set up, then the successor trustee would need to being the trust administration. THere is quite a bit involved in doing a probate or a trust administration, and I would strongly encourage you to get assistance from an attorney, otherwise there a numerous tax and legal problems which could be created as a result of doing this incorrectly.
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.
