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CalAttorney2
CalAttorney2, Lawyer
Category: Real Estate Law
Satisfied Customers: 10244
Experience:  I am a civil litigation attorney with experience representing HOAs, homeowners, businesses and others in real estate matters.
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I'm trying to acquire an abandoned property here in my

Customer Question

Hi there I'm trying to acquire an abandoned property here in my hometown and just recently found out that the single owner or title holder for this property had passed away last year. Can her husband even though he's not on the deed still sign over her piece of property? I recently sent them a warranty deed to complete this process but since it's in her name and she is no longer alive I'm not sure if I need different paperwork or if he can take that to the bank showing that he is assessor over her stuff and have it notarized and sent back.
Submitted: 8 months ago.
Category: Real Estate Law
Expert:  CalAttorney2 replied 8 months ago.

Dear Customer,

Thank you for using the forum. My name is ***** ***** I hope to assist you today.

The property now belongs to the woman's estate.

If she died with a trust, and the property was in the trust (which you would usually see in the way it is titled in the property records), her trust will show how the title to the property is to be disposed of (who inherits it), and there is no need for probate.

However, since you do not mention a trust, I am going to speculate that she either had a will, or she died "intestate" (without a will or a trust). Her estate is going to have to be probated (go through the court probate process). Without a court order, the executor of the estate cannot dispose of the property, and without knowing how her estate is actually divided you will not actually know who is entitled to this property.