Affidavit of Surviving tenants of joint Community Property

California . Family of 4 adults(Mother +Father+Son+Wife) with Joint ownership of a home in Alameda ,California. We are in the process of refinancing. Mother in Law died in January 2009. The bank requires that we file with the county not only a "death certificate" but "Affidavit of Death" as well as " Affidavit of Surviving Joint tenant of community property" (or some such) as well as a few other forms we readily have on hand. We needed help or clarification on the term "Grantor" in the Surviving joint tenant's form. Is the "grantor" the former owner of the property before we bought? Is it us? Is it the county or the bank who gave us the original loan?
Thanks

wandaF said:

California . Family of 4 adults(Mother +Father+Son+Wife) with Joint ownership of a home in Alameda ,California. We are in the process of refinancing. Mother in Law died in January 2009. The bank requires that we file with the county not only a "death certificate" but "Affidavit of Death" as well as " Affidavit of Surviving Joint tenant of community property" (or some such) as well as a few other forms we readily have on hand. We needed help or clarification on the term "Grantor" in the Surviving joint tenant's form. Is the "grantor" the former owner of the property before we bought? Is it us? Is it the county or the bank who gave us the original loan?
Thanks

Click to expand...

**A: better to hire a real estate attorney.

Grantor defined

I found a link to definitions regarding "Quit claim deeds"
and it says "grantor=seller". It makes sense. For future reference if you need to have a decedent removed from a jointly owned deed of property a mere death certificate is not enough. At least in Alameda County CA. You will undoubtedly be required to do this, as I found out, should you attempt to refinance your property following the death of one of the joint tenants(owners or folks on the deed). We were told what documents were required by the county: Death Certificate, Deed ,Affidavit of Death of Joint Tenant as well as Affidavit of Surviving Joint Tenants. Alameda County's Official web site offered a wealth of legal forms which you can down load for free.
Thanks anyway HomeGuru.

one more Form

OOps I forgot to list the "PRELIMINARY CHANGE OF OWNERSHIP REPORT
" Which for $20.00 they will assist you in filling out at the County office...I hope.

wandaF said:

We were told what documents were required by the county: Death Certificate, Deed ,Affidavit of Death of Joint Tenant as well as Affidavit of Surviving Joint Tenants..

Click to expand...

wandaF said:

I found a link to definitions regarding "Quit claim deeds"
and it says "grantor=seller". It makes sense. For future reference if you need to have a decedent removed from a jointly owned deed of property a mere death certificate is not enough. At least in Alameda County CA. You will undoubtedly be required to do this, as I found out, should you attempt to refinance your property following the death of one of the joint tenants(owners or folks on the deed). We were told what documents were required by the county: Death Certificate, Deed ,Affidavit of Death of Joint Tenant as well as Affidavit of Surviving Joint Tenants. Alameda County's Official web site offered a wealth of legal forms which you can down load for free.
Thanks anyway HomeGuru.

Click to expand...

**A: ok, good luck.