Hayward, CA asked in Probate for California

Q: My mother pass away 4/11/2020. It is now 11/30/2020 and no deed to my home

Daughter is executor. I don't have a lawyer. Daughter has asked me 4 times to put the deed in her name so she can buy property in Tennessee. Transfer of deed daughter states has to go into her name then to me the beneficiary and not directly to me.

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1 Lawyer Answer
Gerald Barry Dorfman
Gerald Barry Dorfman
  • Probate Lawyer
  • Mill Valley, CA
  • Licensed in California

A: This does not sound right. If the estate is in probate, and your daughter has been appointed executor, then the court process will have to be followed, and the property will pass according to the will. If the property is in trust, and your daughter is the successor trustee, the transfer should proceed according to the trust instrument. Either way, you should have received formal written notice of the process. Especially if there is no will or trust, you need to have an attorney review the paperwork and have a consultation to explain the process and your rights.

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