QUESTION
Who do I put on probate, my grandpa or mom or all?
Asked on Jun 27th, 2015 on Estate Planning - California
More details to this question:
My grandfather had a will and trust. My two aunts and uncle sold house over to mom. Mom only recorded it in her name at the assessor’s office. She never went to bank and changed it with the mortgage company. They still come in grandpa’s estate. My mom died and my stepfather did a quick claim deed wrong. Now I found out we mixed up grantee and grantor. He is dead too now.
4 ANSWERS
Admiralty / Maritime Attorney serving Monrovia, CA
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The Law Office of Nathan Wagner
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You will have to sit down with an attorney and all of the documents to figure this out. The issue is not what the assessor's office records say, but what deeds were signed and/or recorded, and what your grandfather's will and trust say.
Answered on Jul 01st, 2015 at 12:44 PM
I do not fully understand your questions. In order to legally transfer title to a house, you have to have it go through probate. So your grandfather's estate and your mother's have to do through probate unless title to the property was in the trust or she held it as community property with your stepdad. There are so many things jumbled together that you are going to need to see an attorney to straighten out what needs to be done. Beforehand, so you know what needs to be discussed, read a book on Trust and estates such as from Nolo Press.
Answered on Jul 01st, 2015 at 11:56 AM
Taxation Law Attorney serving Glendale, CA
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Irsfeld, Irsfeld & Younger LLP
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Bring the documents to a lawyer who practices I this area. Probably you need to probate your mother's estate, maybe your stepfather's estate. Do not try to do all this yourself.
Answered on Jul 01st, 2015 at 11:56 AM
Trusts Attorney serving Sacramento, CA
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Law Office of Victor Waid
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Obtain the services of a probate lawyer to straighten out your legal mess to access your property.
Answered on Jul 01st, 2015 at 10:46 AM