Posted on: 11th Mar, 2008 02:44 am
My parents (listed as husband and wife in deed) and me (daughter) are listed as joint tenants within a grant deed for property in California. As my father has passed away, my mother and I would like to have his name removed from the grant deed (we wish to remain listed as joint tenants).
My question is what needs to be done to have my father's name removed from the grant deed? The grant deed reads as follows:
"Husband and wife grant real property in county of Los Angeles to (1) James M. and Barbara M. as two-thirds interest and (2) to Martina M. as to a one-third interest, all as joint tenants........".
Can you please advise? Thanks, Martina
My question is what needs to be done to have my father's name removed from the grant deed? The grant deed reads as follows:
"Husband and wife grant real property in county of Los Angeles to (1) James M. and Barbara M. as two-thirds interest and (2) to Martina M. as to a one-third interest, all as joint tenants........".
Can you please advise? Thanks, Martina
If the deeds have not been filed, then the transfer of the property will not be considered as valid. In my opinion, you'll have to take legal help in order to resolve the issue.
Hi ,
Before our mother died she quit claimed the family home into my brother's name . My brother and I live together. He is on disability. The house is paid for. What is the best way to protect us from probate in the event that he should pass on? Also there are other siblings alive that would have an interest in the property.
Thank You
Before our mother died she quit claimed the family home into my brother's name . My brother and I live together. He is on disability. The house is paid for. What is the best way to protect us from probate in the event that he should pass on? Also there are other siblings alive that would have an interest in the property.
Thank You
Hi Guest,
You will have to probate the property only if your bother leaves back a will after his death. If there is no will, then you and your siblings can file an affidavit of heirship and transfer the property in your names. Or else, your brother can sign a quitclaim deed and add your siblings and you to the property deed. After his death, you can submit his death certificate in the county recorder's office and remove his name from the property deed.
Thanks
You will have to probate the property only if your bother leaves back a will after his death. If there is no will, then you and your siblings can file an affidavit of heirship and transfer the property in your names. Or else, your brother can sign a quitclaim deed and add your siblings and you to the property deed. After his death, you can submit his death certificate in the county recorder's office and remove his name from the property deed.
Thanks
Mum created a trust after my Dad died in 2001. She now has revoked her trust and wants to title her house (the only thing that was in her trust) to me and her with JTWROS. What's the best way to do this?
Hi Wonie!
Welcome to forums!
You need to contact a real estate attorney. He would help you in drafting the deed so that you can have the joint tenancy with right to survivorship (JTWROS). Once the deed is filled out properly, do not forget to notarize and record the deed.
Feel free to ask if you have further queries.
Sussane
Welcome to forums!
You need to contact a real estate attorney. He would help you in drafting the deed so that you can have the joint tenancy with right to survivorship (JTWROS). Once the deed is filled out properly, do not forget to notarize and record the deed.
Feel free to ask if you have further queries.
Sussane
2 years ago my younger brother coerced our mother 75 yrs of age to add him as joit tenant. Note, he rushed her to the notary and then the recorders office without showing her the documents. This came to my attention several months ago. Our mother did not know the implications of what she did as well as i knew. She wants my brother of the deed, he refuses. We r going to a lawyer this monday to see if he can help. Can we take him to court to make this right?. We cant file her living trust.
I donto think you cna do much
Only option is to get an attonry and go to the court
If yoru attorney can prove that your brother did it with out much knowledge of your mother and expalin the current situation you may have some chance
Only option is to get an attonry and go to the court
If yoru attorney can prove that your brother did it with out much knowledge of your mother and expalin the current situation you may have some chance
Hello. I would like to know if a house is up for auction who is the owner
Hi Pauline!
Welcome to forums!
The borrower who has defaulted the loan will be the owner of the property. Once the property is sold at the auction, the borrower would transfer the property in the name of the new owner.
Feel free to ask if you've further queries.
Sussane
Welcome to forums!
The borrower who has defaulted the loan will be the owner of the property. Once the property is sold at the auction, the borrower would transfer the property in the name of the new owner.
Feel free to ask if you've further queries.
Sussane
Can an addendum to a grant deed state, for example, that a partition "can never be worth more than 23% of the property, or $50,000"? Or is it always equally divided with no addenda possible to alter the agreement?
Hi PW,
You may be able to add such a clause to the grant deed. You will have to contact a real estate attorney and get the deed drafted by him in such a manner.
Thanks
You may be able to add such a clause to the grant deed. You will have to contact a real estate attorney and get the deed drafted by him in such a manner.
Thanks
My aunt and uncle own property as Joint Tenants. My uncle recently passed away and my aunt want to transfer the property to her name. In CA what is the process?
Hi Iris!
Welcome to forums!
If your aunt owns the property as a joint tenant with right to survivorship, then she will be the owner of the whole property as your uncle is deceased now. She will have to submit her husband's death certificate at the county recorder's office.
If your aunt does not own the property as a joint tenant with right to survivorship, then she will have to file an affidavit of heirship at the county recorder's office and transfer the property in her name.
Feel free to ask if you've further queries.
Sussane
Welcome to forums!
If your aunt owns the property as a joint tenant with right to survivorship, then she will be the owner of the whole property as your uncle is deceased now. She will have to submit her husband's death certificate at the county recorder's office.
If your aunt does not own the property as a joint tenant with right to survivorship, then she will have to file an affidavit of heirship at the county recorder's office and transfer the property in her name.
Feel free to ask if you've further queries.
Sussane
I give a personal mortgage to a buyer. I took my mortgage and got it recorded. later that day the buyer also did a closing with a bank and also received a loan from them. I received a copy of a deed that was never recorded along with the original mortgage documents that I got recorded. She never paid me and the bank foreclose on the property. the bank purchase the property back from the sheriff sale and now is trying to do a quite title to wipe my mortgage out. is my mortgage still valid even though the deed wasn't recorded? the bank recorded their mortgage and deed 9 days later.
I give a personal mortgage to a buyer. I took my mortgage and got it recorded. later that day the buyer also did a closing with a bank and also received a loan from them. I received a copy of a deed that was never recorded along with the original mortgage documents that I got recorded. She never paid me and the bank foreclose on the property. the bank purchase the property back from the sheriff sale and now is trying to do a quite title to wipe my mortgage out. is my mortgage still valid even though the deed wasn't recorded? the bank recorded their mortgage and deed 9 days later. located in Pa