Q: My mom died Wednesday, she left a handwritten/sealed will. We have a grant deed naming us both as 'joint tenants'
there is a mortgage on the townhouse but i am not sure what to do next; please advise. Do i need a Probate lawyer? Mom's doesn't have any other assets but has credit card debt.
Thank you
Jennifer
A: I'm sorry to hear about the loss of your mother. Since the property was held in joint tenancy, it passes by right of survivorship to you as the surviving owner. All you need to do to establish your sole ownership of the property is to file and record an Affidavit of Death of Joint Tenant to remove her name from title and to establish yourself as the sole owner of the property. The Will has no operative effect. The Affidavit will require a certified original of her death certificate as an attachment.
David Ostrove , Jeffrey Louis Gaffney and Nina Whitehurst agree with this answer
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A:
You can do Probate yourself for small estates. Just buy a How To book (I like the NOLO book).
The house is yours now if the deed had you as a joint tenant. You need to file an Affidavit of Death of joint tenant with the County Clerlk, along with a copy of the death certificate, to get the deed changed to just your name. There is still a mortgage on it so talk to the lender about getting the mortgage into your name.
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A:
In California, when a Joint Tenant dies, the property goes to the surviving joint, outside of probate. You need to file a form entitled: "Affidavit Death Of Joint Tenant" with the County Recorder.
However, did your Mother ever sever the Joint Tenancy? You need to check this out.
You should engage a California Attorney who does wills, trusts, probate work.
Nina Whitehurst agrees with this answer
1 user found this answer helpful
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