Legal Question in Wills and Trusts in California

Re: Where do i Stand

In order to answer your question, I need a little more information. For instance, how did you hold title with all four people initially? This should determine if you hold title with the remaining person alone or if the heirs of the deceased people have any right to the property. Is there an objection to the sale? I am assuming there is an objection to the sale or you might not ask this question via this website. If you want to force the sale, you may be able to do so by filing a lawsuit. The cause of action to sell is an action for 'Partition', and depending on a few circumstances, you may request that the court either order the sale of the property or, if feesible, partition the property and sell only your portion. If it is a single family dwelling, it is unlikely that the court can actually partition the property and would have to order the sale of the entire property (if the court ruled in your favor). If you want to give me a call or email me with the initial basic info, I can better answer your question and would be happy to do so. My phone number is (714) 921-3216 and my email address is [email protected].

Re: Where do i Stand

It depends. If the two decedents held their interest in joint tenancy, you can record an affidavit of death and you and the remaining owner can sell it. If it is not held in joint tenancy, you may have to probate the decedents' estates to transfer ownership to the new owners. If you can't obtain the cooperation of your co-owner, you may have to file a partition action. You should see an attorney to review these matters in more detail.

Re: Where do i Stand

Was the title held in joint tenancy by any of the parties? I need to see the deed to tell you where you stand. Sometimes, a petition for partition may be done. In other circumstances, the estate of a decedent may have to be probated. Feel free to fax me a copy of the deed and follow it up with a call or email.

Tel.818-340-4479

Fax: 818-340-7952

Re: Where do i Stand

The answer depends on how title is held. If it's joint tenancy, some papers can be filed with the county recorder to transfer title. Otherwise, probate may be required to transfer title before you can sell it.

Re: Where do i Stand

You may have to probate the estates of the deceased if the property was not co-owned as Joint Tenants. Call me directly at (619) 222-3504.