Please register to participate in our discussions with 2 million other members - it's free and quick! Some forums can only be seen by registered members. After you create your account, you'll be able to customize options and access all our 15,000 new posts/day with fewer ads.
Eventually I will inherit property along with others that is owned by family. It is owned by multiple people in undivided interests. When it comes time to transferring the title I know you need to file a deed with a affidavit of death (unless I am mistaken). Property is in California. Will a title company be able to do this for us or do we need a lawyer? I am many miles away from the property in another state. Has anybody experienced this before that knows the ropes on this?
I bought out siblings. The probate lawyer took care of it. The spouses of my siblings did have to sign that they knew they were selling their share to me and at what price.
A lot will depend upon how the property is presently titled. It's best to consult with a lawyer now about the best way to handle a transfer of ownership. It may be best to put the property into a trust.
Is the house currently in a trust? Or is there just a Will stating how things are to be divided? If it's in a trust, then yes, you will do an Affidavit, then a Deed transferring the property to the correct persons. If it is not in a trust and only divided through a Will, then you will need to go through Probate and get a court order confirming how the property is to be divided. This will then be recorded and it is a good as a Deed.
I work for an estate planning lawyer here in California and we do this kind of thing all the time. I would recommend that you contact a lawyer here in California since you are out of state. It will help you avoid the hassle of trying to do everything yourself. Sometimes there is so much more to do for an estate than just taking care of property. A lawyer will help you get through everything.
Is the house currently in a trust? Or is there just a Will stating how things are to be divided? If it's in a trust, then yes, you will do an Affidavit, then a Deed transferring the property to the correct persons. If it is not in a trust and only divided through a Will, then you will need to go through Probate and get a court order confirming how the property is to be divided. This will then be recorded and it is a good as a Deed.
I work for an estate planning lawyer here in California and we do this kind of thing all the time. I would recommend that you contact a lawyer here in California since you are out of state. It will help you avoid the hassle of trying to do everything yourself. Sometimes there is so much more to do for an estate than just taking care of property. A lawyer will help you get through everything.
The property is in a trust so I think it will not be too involved to transfer. Thank you for your replies.
Then there will most likely be no need to go through Probate. I would still contact an attorney local to the property just to go over everything to make sure nothing is missed and things are done properly. If it weren't against the terms of service, I'd try to recommend someone if it's local to me, but since I can't, you can go on findlaw.com and do a search for an estate planning/probate attorney.
You should consult with the attorney who set up the trust.
Please register to post and access all features of our very popular forum. It is free and quick. Over $68,000 in prizes has already been given out to active posters on our forum. Additional giveaways are planned.
Detailed information about all U.S. cities, counties, and zip codes on our site: City-data.com.
Please register to participate in our discussions with 2 million other members - it's free and quick! Some forums can only be seen by registered members. After you create your account, you'll be able to customize options and access all our 15,000 new posts/day with fewer ads.
