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My father died and the real estate property was left to me…

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Hello my father died...

Hello my father died and the real estate property was left to me as his only heir in a trust. Now the property is owned by me and my daughter (on title) as joint owners so now we want to give the land the house sits on to my grandson so if the house ever get sold he will own the land that it sits on so what forms or deeds do we need to do. We need to know step by step. We live here in los angeles california

Lawyer's Assistant: Since estate law varies from place to place, can you tell me what state this is in?

I just did california

Lawyer's Assistant: Has any paperwork been filed?

No

Submitted: 8 months ago.Category: Real Estate Law
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Answered in 3 hours by:
11/10/2017
Real Estate Lawyer: N Cal Attorney, Lawyer replied 8 months ago
N Cal Attorney
Category: Real Estate Law
Satisfied Customers: 9,802
Experience: Since 1983
Verified

May I ask why you want to do this, knowing that almost no one would ever buy a house without also buying the parcel it sits on?

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Customer reply replied 8 months ago
The reason being is because he said might want to sell the home later on down the line but lease the land out this way he will earn monthly income or tear the home down and put a business up and lease the land (again) for monthly income. Me and my daughter have seen a couple of homes like this where the home was for sale but the land it was sitting on was not, you have to lease the land in addition to paying the home mortgage as well.
Real Estate Lawyer: N Cal Attorney, Lawyer replied 8 months ago

Thank you for the explanation.

The Experts here cannot prepare legal documents for you. It sounds like you need someone to draft a deed to your grandson that will separate ownership of the land from the improvements, which will split the property into two taxable units.

You can get a free consultation from some of the local real estate attorneys listed here.

Please follow up on this with a local attorney.

I hope this information is helpful.

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Real Estate Lawyer: WiseOwl58, Lawyer replied 8 months ago
WiseOwl58
WiseOwl58, Lawyer
Category: Real Estate Law
Satisfied Customers: 4,564
Experience: Experienced real estate lawyer and real estate broker.
Verified

Please rate 4 or 5 and close out the question. Good luck to you. I wish you all the best.

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Real Estate Lawyer: WiseOwl58, Lawyer replied 8 months ago

Please rate 4 or 5 stars and close out the question. Good luck to you. I wish you all the best.

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Real Estate Lawyer: WiseOwl58, Lawyer replied 8 months ago

Please rate 4 or 5 stars and close out the question. Good luck to you. I wish you all the best.

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Customer reply replied 8 months ago
Thank you for your response, I understand the attorneys here cant prepare the docs These attorneys want us to come in and we don't want to pay an attorney to do we can do it our self. We just need to know what deed do we need to get notarize etc and is it warranty deed or general warranty deed or what . I will try some more on the page you referred
Real Estate Lawyer: Gerald-Esquire, Lawyer replied 8 months ago
Gerald-Esquire
Category: Real Estate Law
Satisfied Customers: 5,366
Experience: Over 30 years of experience
Verified

Hello:

I am another expert. I am working on your answer now. Please bear with me it may take a few minutes.

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Real Estate Lawyer: Gerald-Esquire, Lawyer replied 8 months ago

Hello,

Thank you for your patience and thank you for using Just Answer. I want to provide you the best service I can. Please feel free to ask any follow-up questions you have.

I am an attorney with 30 years of experience; I hope to provide you information that will help you in resolving your question.

The best Deed to use to transfer property is the Warranty Deed. This is because it transfers ownership without any issues. A title search is completed and the deed is warranteed to be free and clear.

It is difficult to do the warranty deed by yourself because the title search necessary to transfer it is a painstaking process. The best way to transfer the property with a warranty deed is to use a Title Transfer Comapnay. The cost is relatively low and they can do all the work for you.

BUT if you do not want to go to that expense, AND you are transferring the property within the family, you can use a "Quit Claim Deed." A Quit Claim Deed is useful when transferring between family because any issues in regard to the title of the property are generally known to those involved. If there is no mortgage involved it is the easiest way to transfer the property.

Here is a sample of the form for a Quit Claim Deed:

https://arcc.sdcounty.ca.gov/Documents/QD.pdf

Also please see these instructions:

http://saclaw.org/wp-content/uploads/sbs-completing-and-recording-deeds.pdf

If you are not transferring the improvements to the property (the house) - which is exceedingly odd - you will need to note that the transfer does not include the improvements to the land and provide a separate document for land rent.

This is an educational site and we are not permitted to give direct legal advise - so the most I can say is that separating the improvements from the land is odd in the continental US. IT is common in Hawaii and other places however.

You can find a sample land lease (also called a ground lease) here:

https://land-lease-agreement-form.pdffiller.com/

I hope the information I provide is useful to you. I want you to be comfortable and satisfied with my attempt to assist you. Please, if you have ANY follow-up questions, feel free to ask.

If you ask a follow-up question and I do not respond immediately, it is because I am temporarily unavailable. I promise to respond as soon as I return. Please note that I am often unavailable Friday evening through Sunday.

Please do not forget to give me a positive rating. It adds nothing to your costs but helps me greatly. Thank you.

If you are dissatisfied with my response, PLEASE let me know before giving me a negative review so that I may try to be of better assistance. Or, if you prefer, let me know and I can “Opt Out” and your question can be re-posted without additional cost to you. I will be fair to you, and only ask the same from you.

Good luck.

Please note: Information is educational and not given as legal advice. Only your local attorney can give legal advice. I can't establish or accept an attorney-client relationship with you. All posts are available for public viewing.

Kind regards,

Gerald

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