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Christopher B, Esq
Christopher B, Esq, Attorney
Category: Estate Law
Satisfied Customers: 2982
Experience:  Litigation Attorney with education focus on estate planning and tax
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I live in California. My family lives in a home that my grandmother

Customer Question

I live in California.
My family lives in a home that my grandmother had a mortgage on. She put my ant on the deed in case she died. She passed away and now we're getting paperwork talking about probate which we know nothing about. Why would probable be necessary, if it is, if my aunt was put on the deed? We're trying to get my aunts name on the mortgage so I can buy it from the family. No one seems to be able to help. The mortgage company told us to send in the death certificate and deed paperwork and it would be handled but now I don't know.
Submitted: 2 years ago.
Category: Estate Law
Expert:  Christopher B, Esq replied 2 years ago.
My name is***** and I will be helping you with your question today. This is for informational purposes only and does not establish an attorney client relationship. Just because someone has their name placed on the deed of a piece of property dos not mean that it passes outside of probate. If the property was held in joint tenancy with the right of survivorship then it would pass outside of probate. If not then the property would basically be owned 1/2 to your grandmother and 1/2 to your aunt. The 1/2 of the house that your grandmother owns would have to pass through probate if there was no right of survivorship. In order for your aunt to e put on the deed, the property would need to be passed through probate according to a will or be intestate succession (by California law) and then the death certificate would need to given to get your grandmother's name removed from the deed. Please let me know if you have any further questions or require any additional guidance. Please do not forget to positively rate my answer as this is the only way that I am compensated for my work.
Expert:  Christopher B, Esq replied 2 years ago.
I see you have viewed my answer, please let me know if you have any further questions. If you could positively rate my answer, I would appreciate it. There should be smiley faces or a 1-5 ranking on my answer. I would appreciate a good or excellent so I could be compensated for my work from this site.
Expert:  Christopher B, Esq replied 2 years ago.
Any chance for a positive rating?

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