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RayAnswers
RayAnswers, Attorney
Category: Estate Law
Satisfied Customers: 41516
Experience:  Texas lawyer for 30 years in Estate law
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In 1997 my father, who was married, purchased a property as

Customer Question

Hello,
In 1997 my father, who was married, purchased a property as an unmarried man with my parents joint assets. He has since passed but we would like my Mom to claim her ownership. Should she file a claim against the title or provide information to a government entity to show they were married until his death? Does this cloud the title for sale? What would she ask for as compensation? Could we just add her on title or make her a beneficiary? Thank you.
Submitted: 1 year ago.
Category: Estate Law
Customer: replied 1 year ago.
Does this cloud the title in anyway or make the deed of trust invalid since there was no quick claim from wife?
Expert:  RayAnswers replied 1 year ago.

Hi and welcome to JA. Ray here to help you today.

You or your mother need to make application for probate.If there was no will it passes under the laws of intestacy.

Here is the form you file,,DE-111

http://www.courts.ca.gov/documents/de111.pdf

Step by step

http://www.scscourt.org/self_help/probate/property/preparing_petition.shtml

Expert:  RayAnswers replied 1 year ago.

If you die with:

here’s what happens:

  • children but no spouse, parents, or siblings
  • children inherit everything
  • spouse but no children, parents, or siblings
  • spouse inherits everything
  • parents but no children, spouse, or siblings
  • parents inherit everything
  • siblings but no children, spouse, or parents
  • siblings inherit everything
  • a spouse and children
  • spouse inherits all of your community property and 1/2 or 1/3 of your separate property
  • children inherit 1/2 or 2/3 of your separate property
  • a spouse and parents
  • spouse inherits all of your community property and 1/2 of your separate property
  • parents inherit 1/2 of your separate property
  • a spouse and siblings, but no parents
  • spouse inherits all of your community property and 1/2 of your separate property
  • siblings inherit 1/2 of your separate property

The Spouse’s Share in California

In California, if you are married and you die without awill, what your spouse gets depends in part on how the two of you owned yourproperty – as separate property or community property. Generally, communityproperty is property acquired while you were married, and separate property isproperty you acquired before marriage. There are a couple of big exceptions:Gifts and inheritances given to one spouse are separate property, even ifacquired during marriage.

Your spouse will inherit your half of the community property.If you have separate property (many spouses mix everything together and don’thave any separate property) your spouse will inherit all or a portion of it. Thesize of your spouse’s share of your separate property depends on whether or notyou have living parents, children, or siblings. If you do, they and your spousewill share your separate property.

Expert:  RayAnswers replied 1 year ago.

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

The personal representative here would deed it to her is she is the legal heir by fiduciary deed.You can also use a local probate lawyer here to file all of this.But this is how she gets the property transferred to her name.

I appreciate the chance to help you today.Thanks again.

Expert:  RayAnswers replied 1 year ago.

Deed you would use

http://www.uslegalforms.com/ca/CA-SDEED-6.htm

She needs to get probate done here before she can sell the property.There is a cloud on the title until she does.

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