Legal Question in Wills and Trusts in California
Will versus Mortgage Title
If the will of an estate say's for the family to be equal partners on the estate. But the estate's title is currently under sole ownership of one person from the family (tax purposes). Does having the title superceed the will, thus rendering the will useless.
2 Answers from Attorneys
Re: Will versus Mortgage Title
If title to real property was transferred to anther person before the original owner died (or another person added as a joint tenant with right of survivorship) the Will does not control. You should have a lawyer look at all paperwork.
Re: Will versus Mortgage Title
Attorney Cusack is correct that a Will disposes of property only still in the possession of the person who died. You would have to attack the prior land transfer as being just to avoid taxes, etc. Why does the person claiming ownership not want to reach some type of settlement with the rest of the family, even though they legally may not have to? What is the net value of the property considering the massive decline in property values?
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