Q: my grandma notarized+delivered a quit claim deed to me. She passed away owing mortgage. I recorded deed after. Do I own?

A: I'm sorry you're going through that. If your grandmother had assets that are valued at more than $184,500 and she did not have a trust, one of your relatives or you will have to open a Probate matter in the Probate Court. That is a very detailed process and, if you don't know what you are doing, you should hire a lawyer to help you. It's a bureaucratic process so, for example, if you list an asset on the wrong spreadsheet, the court will reject the filing.

Now, as to your question, a lawyer would have to look at the deeds to determine if it was drafted properly and also find out the circumstances why your grandmother left you a home and excluded all other children, grandchildren, nieces, nephews, siblings, etc. If you pressured your grandmother in any way, it's possible the deed can be thrown out by a judge under the principle of elder abuse. So, although this situation may seem straight-forward, it isn't so from a legal standpoint. You would be best advised to hire a lawyer to review the situation. Best wishes.

A: In California, recording a quitclaim deed transfers the legal title of the property. If your grandmother quitclaimed her interest to you, and you recorded the deed after her passing, you are the legal owner. However, the mortgage obligation does not automatically transfer. Typically, the mortgage contains a "due on sale" clause, which means the balance becomes due upon the transfer.

However, federal law provides certain exceptions, particularly when a property is transferred upon death. It's imperative to communicate with the lender and inform them of the situation, expressing your intent to assume the mortgage. The daughter's attempt to sell the property could be considered a wrongful act if you are the legal owner.

You should consult with a local real estate attorney immediately to protect your rights and interests.