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  1. #1
    Join Date
    Jul 2010
    Location
    Nor. Cal
    Posts
    6

    Default Determining Who Owns Real Property

    My question involves estate proceedings in the state of: Ca
    My mother's husband passsed away unexpectedly this year leaving no will to his home. Two months later, my mother received a UD case stating that she is being sued for unlawfully staying in that house. The title of the house is under the husband and his only brother, but the brother had an agreement with the husband and signed a quit claim. The quit claim wasn't registered and recorded when he passed away and a previous attempt was made by the brother's attorney to transfer title back to him through an affidavit of death but wasn't able to because they didn't have a death certificate. The quit claim is now recorded, but records in the assesor's office still indicate the tax bill sent to the brother's address made by the previous recording before we recorded the quit claim. My question is what can my mother do knowing she has full right to the property along with the UD case that's set for a later date. Thanks to ones for their input and expertise.

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Determining Who Owns Real Property

    This quit claim deed conveyed title from whom to whom? Is its validity in dispute?

  3. #3
    Join Date
    Jul 2010
    Location
    Nor. Cal
    Posts
    6

    Default Re: Determining Who Owns Real Property

    Quote Quoting Mr. Knowitall
    View Post
    This quit claim deed conveyed title from whom to whom? Is its validity in dispute?
    No, the quit claim has no issue and it's valid. But how can i help my mother transfer the title to her as she is the surviving spouse, and i believe there are no other issues. I don't know why wasn't she able to sign a PCOR, and a Death Statement along with the Death Certificate(Revenue and Taxation Code section 480.3). We went to an attorney to get the paperwork done, but i may seem that we would have to find another one and try to get answers. We are trying to avoid probate because of the cost and probably wouldn't be fair for her, but we're considering Spousal Property Petition. She doesn't and can't afford the cost of Probate just to have the property probably distributed equally, and if a lump sum of money wasn't involved with the QC, that wouldn't be an issue. Or go to probate, pay the cost just to have the judge to give it to you. I am really asking for assistance in this matter as it had worried and stressed out my family for quite some time now. Thank you and to ones for taking their time to help me, i gladly appreciate it.

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