Legal Question in Wills and Trusts in California
A senior, a Bishop, owner of a parcel, housing his church, granted the parcel/church to the church members, who in turn incorporated. The grant deed states " Bishop(as an individual) grants to Church (in church name only) the property-APN". The church incorporated and purchased another property. The grant deed for the church purchase states "Church name, a California non-profit corporation, as to an undivided 60% interest". The Bishop, now deceased, was the President of the corporation. The family contends the Bishop owns 40%. How do you verify that contention? The family wants to include the 40%,[ not stated on the grant deed as assigned to anyone or to the corporation] as an asset of the Bishop's estate for probate proceedings. Property located in Oakland, Alameda County, CA.
2 Answers from Attorneys
You leave out a key piece of information: Who owned the second parcel that was only conveyed 60% to the church? If the Bishop owned that parcel too, then the family is correct. Whomever granted the church 60% continued to own the other 40% unless they later sold or otherwise granted away the remaining 40%. So if the Bishop was the owner and he never conveyed the remaining 40% to anyone, then the Bishop's family is correct.
A title insurance company should research the chain of title and prepare a preliminary title report for this other property.
The only thing I can really say about it from the context of your message is that apparently the parties that sold 60% of this particular property to the Church still own the remaining 40%. If the Bishop was the seller, and conveyed only 60% to the Church, then he still holds title to the remaining 40%. If this portion is solely in his name, and he is now deceased, then it belongs to his probate estate and is subject to probate administration, presumably in Alameda County if that's where he resided when he died.
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