How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask CalAttorney2 Your Own Question
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.
Type Your Real Estate Law Question Here...
CalAttorney2 is online now
A new question is answered every 9 seconds

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: 11 months ago.
Category: Real Estate Law
Expert:  CalAttorney2 replied 11 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.

Related Real Estate Law Questions