Los Angeles, CA asked in Probate for California

Q: My father passed and his ex-wife just wants to get her name off the title & I'm the only sibling how should I do this?

My father had no will and the ex-wife want's nothing to do with the property how do I go about getting her name off the title? Do I need to go through probate court? Or what kind of attorney would handle type of situation?

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2 Lawyer Answers

John B. Palley

  • Probate Lawyer
  • Roseville, CA
  • Licensed in California

A: It's tough to know without seeing the deed but most likely a full probate is required. In some cases there are lower cost probate alternatives also. There are a couple of different ways to handle the ex-wife's interests but it depends on whose name(s) is/are on the deed, what their divorce agreement said, etc.... I encourage you to hire an experienced probate attorney to walk through the case with you. Good luck. -John

Genene N. Dunn

  • Probate Lawyer
  • Tustin, CA
  • Licensed in California

A: It depends exactly how the deed reads. Most likely it will be pretty straightforward for the ex-wife to get off title as long as she continues to cooperate. If she changes her mind about signing off her interest then you might have to dig a little deeper on the divorce and file documents in probate. You will most likely still need to do something in probate court depending on exactly how title is held.

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