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My step-mother and father purchased a house in 2007. Somehow

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My step-mother and father purchased...
My step-mother and father purchased a house in 2007. Somehow the deed was only as husband and wife. I completed the de-221 incorrect the first time. I been given another date. I have the de*221 completed correctly this time. The only issue I have is answering
Which one should I choose?
1. A Determination of property passing to the surviving spouse
1. B Confirmation of the property belong to the surviving spouse
Submitted: 2 years ago.Category: Legal
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11/15/2015
Lawyer: Ray, Lawyer replied 2 years ago
Ray
Ray, Lawyer
Category: Legal
Satisfied Customers: 43,556
Experience: 30 years in civil, probate, real estate, elder law
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Hi and welcome to JA. I am Ray and will be the expert helping you today.

What number of the form are you referring too, what line item so I make sure I get this correct, were they legally married here,thanks.

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Lawyer: Ray, Lawyer replied 2 years ago

Sorry I see it now. It is 1a

determination of property passing to the surviving spouse or surviving registered domestic partner without administration

(Fam. Code, § 297.5, Prob. Code, § 13500). assuming that she was not on the deed.

Can you please follow up here and tell me what exactly you are wanting to do here.Again want to make sure we get it right here.

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Lawyer: Ray, Lawyer replied 2 years ago

Have you been appointed personal representative here yet in probate and are now trying to divide the property and asserting his claim to it for his estate??

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Lawyer: Ray, Lawyer replied 2 years ago

You wrote..

Somehow the deed was only as husband and wife..

Can you clarify here and help follow up.Be happy to help you.

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Customer reply replied 2 years ago
Hello Ray,She is on the deed. The deed is husband and wife. Deed not joint tenancy. I am filing in her name.
See below:
hereby GRANT(S) to Jimmie V. Hollins and Fayma Lynn Hollins, husband and wifeThank you,James
Customer reply replied 2 years ago
I am executor of estate
Lawyer: Ray, Lawyer replied 2 years ago

Ok I understand, it is 1a here because if dad deceased first then she may have gotten more than her half here if there was no will or he left her a share.So she gets half here and maybe more.

This makes sense and this should help you resolve the matter.

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Lawyer: Ray, Lawyer replied 2 years ago

If you are wanting to force a sale here don't forget 1c to appoint a referee, that would be the time you check if you want it sold here after the court decides her share.

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Lawyer: Ray, Lawyer replied 2 years ago

I would be happy to look at your form here after it is done, this is done through additional services.I will send you the offer.

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Lawyer: Ray, Lawyer replied 2 years ago

Thanks again.

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Customer reply replied 2 years ago
Attached is the DE-221.I have probate referee completed docs
I have completed attachment #9
I have completed proof of mailing. I will mail to my step-brothers
Yes, there is a will. My Step-mother and I are beneficiaries.
Lawyer: Ray, Lawyer replied 2 years ago

You need to positive rate and accept my offer of additional services.Then I will review it and respond and answer any other questions you have here.Thanks.

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Lawyer: Ray, Lawyer replied 2 years ago

It will take me some time to go over it here.

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Lawyer: Ray, Lawyer replied 2 years ago

And let me verify you are executor of her estate--you called her step mother is that correct too.

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Customer reply replied 2 years ago
My dad made me the executor of estate. My dad is Jimmie. Fayma is his wife.
I am also the power of attorney for both. This is my last task
Lawyer: Ray, Lawyer replied 2 years ago

OK that makes sense. If you have filed probate here and been court appointed executor for her then you need to redo Item 12 if not then dad here has to sign.Only a probate court can legally appoint you executor.So here the step mother needs probate opened, you get appointed and receive letters testamentary.Otherwise dad can file this not you because you are not legally appointed yet.Is that clear--that maybe your problem here.

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Lawyer: Ray, Lawyer replied 2 years ago

For step mo a DE-111 to open probate and appoint you as personal representative here..

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

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Customer reply replied 2 years ago
I am going to just file in her name, not mine. We do not need to have a probate because we are only talking about estate $43,500 for the house ( his estate). House is $87,000
Lawyer: Ray, Lawyer replied 2 years ago

Here is a short video on filing a DE-111

https://www.youtube.com/watch?v=B1kWyKErMUE

So here there really needs to be probate opened here as set out above.You are court appointed executor assuming none of the children here show up and object. Once legally appointed here then you can file the DE-221.You are skipping a step here that why you are having problems. Any creditor claims against mother will have to be paid.If there are none then he gets his half and a share of hers under laws of intestacy..

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Customer reply replied 2 years ago
I judge only wanted me to complete the form correctly and add step-brothers in item #9. Also, wanted me to have a proof of mailing. Judge indicated that I can amend, not refiling and paying for new case.
Lawyer: Ray, Lawyer replied 2 years ago

He inherits her share here as sole heir if it was community.

Laws of intestacy

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

So here you just need to open probate and be appointed.The DE-111 above.Since he is sole heir as the personal representative if there are no creditors you deed the half interest to the dad.You don't need to file a DE-221 at all.

Probate resolves this if it was community property.

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Lawyer: Ray, Lawyer replied 2 years ago
  • 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

Thanks again.

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Lawyer: Ray, Lawyer replied 2 years ago

Again you are skipping probate application for mother.Judge didn't understand the situation.Here you need probate for step mother, dad is sole heir.So once appointed you are able to deed it to him by fiduciary deed.Is that clear.You are trying to skip probate but it will not work here.

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Lawyer: Ray, Lawyer replied 2 years ago

Since dad gets it all here you deed it to hi as the PR for the estate.

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Lawyer: Ray, Lawyer replied 2 years ago

Here is the form you sign once appointed giving him her one half share ..

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

No way around probate here.The judge wasn't clear on what you were trying to do here--sorry it took me awhile to understand it too.

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Lawyer: Ray, Lawyer replied 2 years ago

If you want me to look at the DE-11 when you get it done be happy to do so.

You would need to do the DE-221 only if the children had an interest and you are trying to force a sale of property here.You don't need this.Thanks again.

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Lawyer: Ray, Lawyer replied 2 years ago

I would appreciate it if you can positive rate.

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