Q: In a California probate case, can Estate Admn. still sign/transfer a deed of title of house years after case is closed?
Probate case in california was finalized and closed but 4years later a Grant Deed was recorded showing Seller as the Estate of ....... This title transfer was done on one of the properties that was included in this probate. All property was granted to the estate administrator who is an only child.
First of all, at time document was signed there was no longer any Estate because that probate case was closed, am I right?Does it mean the Grant Deed is not valid or is it valid? the only child that received these properties did not know about this Deed recorded and had not signed any Grant deed transferring the title to that house. How can we fight this issue the fastest and easiest?
A: I'm not fully understanding the facts, but was the sole heir to the estate a child that was the personal representative of the estate? If so, then who signed the grant deed?
Once an administrator is discharged, then the letters of administration are terminated and the administrator no longer has powers under the Independent Administration of Estates Act. In order to transfer a property by a deed, the probate matter would have to be reopened and then administered.
Call or email an attorney for a full consultation.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.