Atwater, CA asked in Real Estate Law for California

Q: Can I clear title with affidavit of death?

My father and I were joint tenants. He then signed a grant deed but before that was filed a lien was placed for medical bills of his. He has since died. Can I file an affidavit of death for the time period before the grant deed. I wanted to clear title so that I can move my family for a new job.

** so just to make sure the joint tenancy on the deed before the grant deed does not help me at all?**

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1 Lawyer Answer

A: If the lien was filed before the grant deed was recorded, then the lien would probably transfer to you (i.e. remain on the title) until you had it removed. You could pay off the lien and then record a clear title by way of Affidavit of death of Joint Tenant. Hope that helps.

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