Legal Question in Wills and Trusts in California
title on home
Hello,
I am one of 2 people on a home title and the other person has passed away. What do I do? Should I try to remove their name from the title and what paper work if any do I need to fill out? Also I found out that there might be a lien on the home but I'm not sure. What do I do about that? Please Help!!!
3 Answers from Attorneys
Re: title on home
What you need to do will depend on how title was held in this property. If title was held in "joint tenancy", then you own the whole property and you will have to record a document with the county recorder.
If, on the other hand, the property was held as "tenants in common" or similarly worded, then there will be other questions such as whether the decedent had a trust, a will, etc. To whom did they want their interest in the property to go?
So, I recommend that you consult with a local attorney to discuss your rights and options.
Caleb
Re: title on home
It depends on how the title was held. If held in Joint Tenancy with Rights of Survivorship, then the transfer is pretty easy. If held as Tenants in Common, then you are going to have to look to the person who passed away's will, if one exists. If not, then their heirs will need to start a Probate proceeding.
To find out if there is a lien then you need to contact the recorder and request copies of the documents filed.
If you would like to discuss this matter further in a more private forum, please feel free to contact me directly at the email address provided by LawGuru or through our firm�s website located at PasadenaEstatePlanning.com
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Re: title on home
Was ownership as joint tenants or tenants in common? Contact me directly.