Legal Question in Wills and Trusts in California
surving spouse transfering real property into their name
can a community property order be abtain and can a surving spouse transfer real property into their name if spouse died intestate and no kids of the marriage, but decedent has brothers and sisters out of state. can commingle be an issue here that can be prove up for transfer of real property title married and sole and separate. the surving spouse quick claim deed property to decedent spouse to make loan in decedent name only several years prior to death. property is title decedent married sole and separate property. the surving spouse continue to help pay the mortgage on the property. the property is the primary residents of both parties. decedent estate less than 100k. property worth 70k less mortage of 60k.
1 Answer from Attorneys
Re: surving spouse transfering real property into their name
The petition can be done, and probably should be to establish the surviving spouse's right to the property. The siblings may try to claim a piece, but it sounds like there's not much to claim in equity and any such equity would be gone after selling costs. Thus, the surviving spouse may not face much of a fight from them, but one never knows. In any case, the surviving spouse should see an attorney about filing for an order transferring the property to him/her.
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