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After my spouses divorce, in 1965 or 66 she was awarded the

house. We were married in...
After my spouses divorce, in 1965 or 66 she was awarded the house. We were married in 1967. In 1995 we purchased a living trust from the Alliance for Mature Americans. We had five properties to transfer into the trust. I recently discovered only four of the properties were transferred by the Alliance and our residence was not. All of these years the house has been in my spouses and her ex husbands name. My wife passed away 12/24/2012 and I recently applied for a loan and found out residence was never transferred. Can you tell me what I need to do? Richard
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Answered in 8 minutes by:
9/30/2013
RayAnswers
RayAnswers, Attorney
Category: Estate Law
Satisfied Customers: 44,446
Experience: Texas lawyer for 30 years in Estate law
Verified

Hi and welcome to JA.I am Ray a licensed lawyer and will be assisting you today.

Here you would need to make application for probate and seek to be named personal representative.As pr you are going to have to have the estate lawyer try to get the husband here to quitclaim it to you or the estate has to file a suit to quiet title regarding his share.There is not a time limit to file for probate here in California.

If you are named the legal heir the pr then deeds wife's share of the property to you if you are the legal heir.But you would have to account for husband's share either by quitclaim or by filing a suit to quiet title.Once you have that passed into the estate then it also would be deeded to the legal heir.

You are going to need a local California probate lawyer to make application for probate and resolve the husband's share of property as well either by deed or by suit here.

I appreciate the chance to assist you today.It has been my pleasure to do so.
Please let me know if you have more follow up.Thanks again.

You can locate a probate lawyer through our California bar lawyer referral.

http://www.calbar.ca.gov/Public/LawyerReferralServicesLRS.aspx


 

If she did not have a will the house which is her separate property passes under the laws of intestacy( no will). Here they are for reference.

 

 

http://www.nolo.com/legal-encyclopedia/intestate-succession-california.html

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Customer reply replied 4 years ago


The husband passed away several years ago. My wife was awarded the house in the divorce and she has a will in our living trust naming me as her beneficiary. I don't have a copy of the divorce but I'm sure it can be found in the hall of records. Can you tell me what I can expect to pay for this service (ballpark) and how long it should take? Thank You Richard

Lot of variables here guessing in the $4-$5k range..Here once the will is filed in
Superior Court(probate court)then the lawyer for estate either gets him to sign quit claim deed or you have to file suit to quiet title and court awards the estate legal title. a quitclaim is cheap but a suit to quiet title might run another $5k here.Thats the big variable.Hopefully lawyer can locate him and force him to sign quitclaim to the estate here.

And honestly I see this taking at least a year from start to finish again depending on how hard it is to deal and resolve the ex's share.

 

Thanks so much for the chance to help you.I know that this was a real surprise to you and not in a good way.

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Customer reply replied 4 years ago

Ray, the ex husband is deceased. He had no claim to the property after the divorce.Richard

Then if he had an estate opened the PR for his estate can sign a quit claim otherwise a suit to quiet title.You have the facts here to win a suit to quiet title.It is just a shame that your wife did not follow up on this while he was alive it will take more time and legal work to resolve it.But it is resolvable do not get discouraged.A good probate lawyer can resolve all of this.

 

This is exactly why to suit to quiet title laws exist to award the estate clear title to his share.

Thanks for the follow up.Good luck here with all.

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Here is a sample of what a quiet title suit looks like..

http://www.jdsupra.com/legalnews/california-quiet-title-complaint-26314/

 

How it works here in California.

 

http://www.jdsupra.com/legalnews/a-brief-guide-to-quiet-title-actions-in-10444/

 

Thanks for letting me help you today.

RayAnswers
RayAnswers, Attorney
Category: Estate Law
Satisfied Customers: 44,446
Experience: Texas lawyer for 30 years in Estate law
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Thank you for your positive rating of my service to you. Let me know if you need more help or have future questions. I will be here for you. Just ask for me by name at the start of your question - "Ray" .


Best wishes and good luck to you.

If it is not too much trouble, when you receive a Customer Satisfaction Survey from JA/Pearl in a day or two, please consider rating me highly (9 or 10). It affects my ability to continue to assist you and other customers on JA/Pearl and would be most appreciated.
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