Legal Question in Wills and Trusts in California

Your post doesn't make sense. Transfer the house to who? The dead person? How is title held? Are there any wills or trusts? You need to repost with more information and what it is that you are specifically looking for.

Depending on how title is held will determine whether the house can pass with or without a probate proceeding. If the surviving spouse is not on the loan, they are not personally responsible for the loan, but the house is still security for the loan, which means the house either gets sold and the bank paid off, or the loan gets refinanced. I am a probate attorney in San Diego. If you would like to discuss this matter further please contact my office at 858.558.1191

Title to the house and the loan are two separate issues. Title to the house will be determined based on the Probate Code. To answer this question one would need a lot more information than you have provided, including, for example, whether it was separate property or community property, and what the deceased persons will and/or trust provide. With respect to the loan, whether one is liable on the loan is a matter of contract law. Keep in mind, however, if the loan is not paid the bank will be able to foreclose on the house whether or not the surviving spouse is obligated to pay the loan. You should consult directly with an attorney with the above information.

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