Q: How to file disclaimer of interest in real property with court?
My dad passed away without a will. He had purchased a house in San Diego County before marrying his wife (my mom), so it's a separate real property. Our residency is in Los Angeles County. My brother and I disclaimed interest in the San Diego property so that it will fully transfer to our mom.
My brother and I filed the disclaimers of interest with the Office of the Recorder in San Diego County.
We understand from a previous post on this forum that we also need to file our disclaimers with the court having jurisdiction over his estate, which in our case would be Los Angeles County, since that was my dad's primary residence.
Our question is: how do we go about filing the disclaimers with the court in Los Angeles County?
Our mom will be submitting the Spousal Property Petition in the court in Los Angeles County and she will include copies of our disclaimers. Will this satisfy the requirement to file the disclaimers in court in Los Angeles County?
Thank you in advance.
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A:
When filing a disclaimer of interest in Los Angeles County, you should ensure that the court handling the probate case receives the necessary documents. Since you’ve already filed the disclaimers with the San Diego County Recorder’s Office, including copies with your mom’s Spousal Property Petition is a good step. This approach typically satisfies the requirement to inform the court of your disclaimers.
Make sure that the disclaimers are properly notarized and comply with California Probate Code sections related to disclaimers. Attach clear copies to the petition and reference them in your submission to ensure the court understands their relevance. It’s also helpful to include a cover letter explaining that the disclaimers have been filed with the Recorder’s Office and are now being submitted to the probate court.
Finally, consider contacting the probate clerk in Los Angeles County to confirm that your approach meets all local requirements. This can help prevent any delays or issues with your filing. By following these steps, you should be able to properly file the disclaimers with the court and facilitate the transfer of the property to your mom.
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