Legal Question in Wills and Trusts in California

Re: SoleHeir-Adm/LimitedAuthority-How 2 QuitClaim/Deed 2 Myself? Refinance ? Hom

There are a few questions. First of all, did your mother have a will or a trust? If so, you need to follow those terms.

If there was no trust, then you cannot just put your name on title as sole heir. The estate will need to go through probate. This means that you will need to file a petition to probate the estate, obtain a hearing date, plish notice in the nuewspaper, etc.

Once you are named as executor or administrator of the estate, you can sell the house, etc. However, you must pay all creditors from the estate proceeds.

Let me know if you need help.

Re: SoleHeir-Adm/LimitedAuthority-How 2 QuitClaim/Deed 2 Myself? Refinance ? Hom

Your questions are hard to understand, but let me state the following. If your mother died and she is the only one on the deed, the way you transfer title is through an order of the probate court or executor's deed after the distribution order. If you are functioning as the administrator, you can make repairs to the house using estate funds. If there are no funds, you may have to borrow or advance them. Another idea would be to take 'in kind' distribution of the property through the probate and then once the property is in your name, borrow against it to make the repairs.

If you want to sell the property, you can either do it through the estate process or do it after the estate is closed and the property is in your name.

The actual title transfer can either be done by recording the order of final distribution or by an executor's deed.

Homestead is a different issue related to protecting a certain percentage interest in the property. All homeowners are automatically afforded some level of homestead protection and you can record a declaration requesting more.

Good luck.

Re: SoleHeir-Adm/LimitedAuthority-How 2 QuitClaim/Deed 2 Myself? Refinance ? Hom

Under normal circumstances I would say to any blaming do not, under any circumstances whatsoever, do not play around with teas and taking names all for putting names on. This is a very easy process to do but the effect could be devastating as to what you do when how you affect the property, how you affect the chain of title and obtaining title insurance from the title company sometime in the future. No one, no one will lend money if there isn't title insurance so few screwup something in the outset good chance of refinancing is 0. Now, dealing how you wrote the question there is no way in the world that I would give you an answer other than go to an attorney who knows what they're doing and tell them everything. Tell them what you wanted to and why and hopefully that attorney will tell you whether you're right or wrong in which are doing and the problems you may have because of what you want to do. You see from their question all I know he is you are raising more problems for yourself thing you are solutions, and I'm not even sure which are problems are. I had been dealing in real property law for over 30 years and has solved many problems that seemed unsolvable here in the San Francisco Bay Area. He won a consult with me I am a 925 -- 945 -- 6000.

Re: SoleHeir-Adm/LimitedAuthority-How 2 QuitClaim/Deed 2 Myself? Refinance ? Hom

You've already said you don't want to hear this, but I think you ought to see an attorney. It sounds like a probate is needed, and even if the property is worth less than $100,000 you still have to follow proper procedures to get it into your name. Probate fees earned by attorneys are not due until the court orders them paid at the end of the process, so it won't cost much to get started.

If you're sure you want to do this on your own, there are books available for California probate written for non-lawyers.