What is the name of your state?What is the name of your state? California A lessee had a 50 year ground lease in California, which commenced in 1982, on which he built buildings to operate and conduct a business.
In April 1989, the 50 year lease was recorded as a leasehold interest in real property by the Lessee. In October 1989, the lessee passed away in 1989. The ground lease went to his heirs, his son and daughter, per the terms of the ground lease, although through probate the lease was not actually listed as real property, but as a business. Probate also stated any property not listed, later discovered to also be split 50-50% to the same son and daughter. The son and daughter formed a partnership, which now runs the business and pays the ground lease. However, because ground lease was recorded in 1989, it is still officially in the name of the deceased lessee. What is the best way to get the recorded lease out of the deceased lessees name and into the partnership name. Who signs for the deceased lessee? Is there an affidavit of death that needs to be filed? What would be the steps one needs to take? The son is also executor of the deceased lessees estate.
In April 1989, the 50 year lease was recorded as a leasehold interest in real property by the Lessee. In October 1989, the lessee passed away in 1989. The ground lease went to his heirs, his son and daughter, per the terms of the ground lease, although through probate the lease was not actually listed as real property, but as a business. Probate also stated any property not listed, later discovered to also be split 50-50% to the same son and daughter. The son and daughter formed a partnership, which now runs the business and pays the ground lease. However, because ground lease was recorded in 1989, it is still officially in the name of the deceased lessee. What is the best way to get the recorded lease out of the deceased lessees name and into the partnership name. Who signs for the deceased lessee? Is there an affidavit of death that needs to be filed? What would be the steps one needs to take? The son is also executor of the deceased lessees estate.