More details to this question:
My father in law left property to my husband in his will. We have the original deed. We are in California and the property is in Nevada. We have been paying the property taxes since he passes in 2007. The property is about 7 hours from us - thus the delay trying to get this done.
1 ANSWER
Did your father-in-law live in Nevada or California? If he lived in Nevada, then you need to consult a Nevada probate attorney. If the estate was small, a formal probate proceeding might not be required. If probate is required, the court will appoint someone to sign and deliver a deed to your husband. For a small estate, there might be some other procedure for transfering title into your husband's name.
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Do you have a revocable living trust to protect your heirs against probate? Probate takes forever, is expensive, and is annoying. Do your family a favor. Set up a trust, and put all your property, especially any real property, into the trust. Since it is revocable, you can change it, add to it, take property out of it, or even cancel it completely, at any time. We set up such trusts, provide a pour-over will as a back-up for any property that does not make it into the trust, provide you with blank durable powers of attorney for health care and financial decisions, in case you become incapable of making such decisions while still alive, and convey one piece of real property to the trust, usually the family home, for $1500.00. If you would like to hire me to do this, let me know, and I'll send you a list of the information I need.
Dana Sack
Answered on Nov 22nd, 2017 at 11:17 AM