Property for wife

[dupre]

What is the name of your state (only U.S. law)? Ca

My father gave his house to us 4 kids...I have 25% interest on the deed. I would like to make sure that if I die my wife can get my interest in the sale of the house once he passes and the house is sold..how would I set this up legally?

 

[adjusterjack]

What is the name of your state (only U.S. law)? Ca

My father gave his house to us 4 kids...I have 25% interest on the deed. I would like to make sure that if I die my wife can get my interest in the sale of the house once he passes and the house is sold..how would I set this up legally?

Depends on exactly how the ownership is listed on the deed.

So please LOOK at the deed and tell us exactly how the ownership is listed. Don't paraphrase and don't do it from memory.

Quote it word for word but substitute fake names.

 

[dupre]

Depends on exactly how the ownership is listed on the deed.

So please LOOK at the deed and tell us exactly how the ownership is listed. Don't paraphrase and don't do it from memory.

Quote it word for word but substitute fake names.

"this is a bonafide gift, the grantor reieved nothing in return" is written on top then the following

Grant deed

for a valuable consideration, receipt of which is hereby acknowledge, grantor xxxxxx, a widower hereby grant to xxxx, as to an undivided 1/4 interest,xxxx,as to an undivided 1/4 interest,xxxxx,as to an undivided 1/4 interest, all as tenanats in common, that real property in the City of xxxx. The parties agree that the Property subject to this Deed is and has been the community property of the parties hereto and that the property shall retain its character of community property.

 

[Zigner]

"this is a bonafide gift, the grantor reieved nothing in return" is written on top then the following

Grant deed

for a valuable consideration, receipt of which is hereby acknowledge, grantor xxxxxx, a widower hereby grant to xxxx, as to an undivided 1/4 interest,xxxx,as to an undivided 1/4 interest,xxxxx,as to an undivided 1/4 interest, all as tenanats in common, that real property in the City of xxxx. The parties agree that the Property subject to this Deed is and has been the community property of the parties hereto and that the property shall retain its character of community property.

That deed makes no sense. How is it community property, either before or or now?

 

[dupre]

That deed makes no sense. How is it community property, either before or or now?

i am writing word for word from recorded deed.

 

[Zigner]

i am writing word for word from recorded deed.

I understand - and your best course of action is to consult with a local real-estate attorney.

 

[ALawyer]

Concur

I understand - and your best course of action is to consult with a local real-estate attorney.

I concur. The property may have been community property when the former owner(s) conveyed title, but if the former owner(s) conveyed that title to you and your siblings, it would not remain their community property, and it looks as if it was conveyed to the 4 of you as tenants in common. In that case you could leave your share to your wife in your Will. But as Zinger said, see a local real estate attorney to be sure -- and by "local" I mean a lawyer in the area where the property is located.

 

[Zigner]

Frankly, this sounds like somebody did the transfer to the kids on the cheap. They likely simply copied and pasted wording they either found online, or from the prior deed.