QUESTION
My Aunt passed away in LA County, and executor lives in NY and wants to release property to my brother and I (Beneficiaries), How?
Asked on Oct 20th, 2015 on Wills and Probate - California
More details to this question:
So as I stated my Aunt has unfortunately passed away and I'm overwhelmed. Her executor lives in NY and does not want to do anything and just wants us to get the house. My Aunt did not have a spouse or Dom. Part. so here is what I plan to do in order so far to file in LA County Registrar/Recorders office: 1) Obtain a Quit Claim notarized and signed by the executor for the property in LA County. 2) Fill out the preliminary Change of ownership and file with assessor's office with inheritance tax exemption. 3) Present Quitclaim, Death certificate, affadavit of death of trustee, inheritance RT code/statement, and premiliminary change of ownership to Recorder's office to change deed from Her name to my brother and I's names. So my questions are is this the correct process? Also once the deed is changed to our names is the property ours as in my brother can just move in if we pay off the loan/he secures financing?
2 ANSWERS
Estate Litigation Attorney serving Redlands, CA
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I'm sorry, but your plan of the executor signing a deed won't be valid. A probate action will be required. If you are the beneficiary under the will, then you can file a probate action and request that you be appointed the administrator of the estate since the executor refuses to act. The entire process of a probate action pretty much takes about six to twelve months if there are no glitches. Once you own the home, yes, you can move in. Email or call an attorney to help you with the probate action; it's all proceedural and you won't have to do too much.
Answered on Nov 16th, 2015 at 7:00 PM
Do you have a probate court order? You'll need that if there is no trust. You can not just go to the recorder's office with a document signed by the executor. It will have no legal effect. We do probate work throughout California including LA county. It's easy to appear telephonically in court so no driving needed! Perhaps we should talk off-line about your specific issues!? -John
Answered on Oct 21st, 2015 at 8:30 AM