Posted on: 20th Mar, 2009 11:00 am
My mother is "married" (in the eyes of God but not legally in California) and has been living in the house owned by her husband. He has stated in his will/living trust that at his death she shall be allowed to continue living in the house even though, at his death, it will be owned by his two children.
My question is this. Is there a legal document that should be recorded with the county recorders office stating his wishes for my mother that would prevent his children from selling the house while she was still alive?
Thanks in advance for any advice.
My question is this. Is there a legal document that should be recorded with the county recorders office stating his wishes for my mother that would prevent his children from selling the house while she was still alive?
Thanks in advance for any advice.
Hi,
If he has stated it in his will that she be allowed to live in the property as long as she lives, you do not need any documents to record with recorders office. The purpose could also have been served if he had added your mother to the title and then quitclaimed the property to his children while retaining a life estate for himself and your mother. In that case, your would have to record the deed with the recorders office.
Thanks,
Jerry
If he has stated it in his will that she be allowed to live in the property as long as she lives, you do not need any documents to record with recorders office. The purpose could also have been served if he had added your mother to the title and then quitclaimed the property to his children while retaining a life estate for himself and your mother. In that case, your would have to record the deed with the recorders office.
Thanks,
Jerry