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Question about someone else being on title

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sweet_caligirl

Guest
What is the name of your state? Ca..My question is if my father is still on title and my mother is deceased would he be able to transfer title to me without me having to go through probate? Although my father quick deeded the house to my mother in 1992 releasing any interest in the property. BUT his name still appears on title. I am so confused. Please help. If this was possible it would make life a whole lot easier. Please help...
 


I AM ALWAYS LIABLE

Senior Member
sweet_caligirl said:
What is the name of your state? Ca..My question is if my father is still on title and my mother is deceased would he be able to transfer title to me without me having to go through probate? Although my father quick deeded the house to my mother in 1992 releasing any interest in the property. BUT his name still appears on title. I am so confused. Please help. If this was possible it would make life a whole lot easier. Please help...

My response:

Well, sometimes life, and the law, aren't easy - - and in this case it's not meant to be. Your mother's Estate needs to be Probated, and that's for the protection of all heirs, and for the court to see that your mother's property passes to the rightful owners.

Was the "Quit Claim Deed" recorded with the County Recorder's Office? Look at the Deed, and see if there's a filing stamp by the Recorder's Office.

IAAL
 

nextwife

Senior Member
Well, if the QCD is NOT showing up in the title records, could be it was never recorded? Do you know what happened to it? Are you sure it was properly executed and placed of record?

Now, the following may NOT be exactly the case in CA, as I do not know CA R.E. But another question is how title appears of record EXACTLY. Joint tenants WROS may NOT need their portion to go through probate, as their portion goes to the surviving JT Tenant. I have seen MANY closings in which a prior interest of a deceased Jt Tenant was transferred to the surviving Jt Tenant and then simultaneously to a subsequent owner, and the title company had no discomfort insuring that conveyance without probate.
 
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