How can I add myself to a deed with my mother in CA after my father's passing?

Question

I am looking to add myself to a property deed in Fresno, California, alongside my mother. The deed also includes my late father, who passed away in 1997 without a will. We have not consulted any legal or real estate professionals about this, and my mother's other adult children are not involved. My mother agrees to add me to the deed, and upon checking with the Fresno County assessor's office, there are no liens on the property. Could you guide us on how to proceed?

Christopher R. Milton · Answer

The easiest way is to have your mother add you on to the deed.  For something like this, I would go to a service like Legal Zoom or a paralegal service that can draft documents cheaply for you.   
 
On the other hand, if you mother decides that more complicated estate planning is necessary due to tax issues, beneficiaries with special needs, or foreseeable disputes after her death with other potential beneficiaries, simply transferring the asset over during her lifetime to you may lead to claims of financial elder abuse or theft down the road. Document everything.  Reach out to other beneficiaries and have them waive any interest in the property or her estate.  There are a multitude of issues that may arise down the road and an experienced estate planning attorney could prove invaluable.

Nina Whitehurst · Answer

If your father's name is still on the title, then you need to hire a probate attorney to help you get your father's name removed from the title.  The process does depend on exactly how title is held.  It could be something as simple as an affidavit filed in the land records, or it might require filing with the local probate court. 
 
After that your name can be added with a deed, but in most instances when I am presented with the same situation I do NOT recommend that for a long list of reasons.  For one thing, if you are added to the title as a joint tenant with right of survivorship, yes that avoids probate but you lose the step up in basis at your mother's death.  That mistake can be extremely costly, exposing you to a huge capital gains tax when you go to sell the property, a tax that was otherwise easily avoidable.  There are also downsides to your mother with using the method that you are proposing.  So please do not do this without obtaining advice from an experienced estate planning attorney.

James L. Arrasmith · Answer

When a parent passes away without a will in California, their interest in the property typically passes to their surviving spouse and children according to California intestate succession laws. Since your father passed away in 1997, his interest in the property may have already transferred to your mother, but this depends on how the property was titled (whether it was community property, joint tenancy with right of survivorship, etc.). 
 
To add yourself to the deed, you'll likely need to complete either a quitclaim deed or a grant deed to transfer partial interest from your mother to you. This process involves preparing the deed document with the correct legal description of the property, having your mother sign it before a notary public, and recording it with the Fresno County Recorder's Office. You'll also need to file a Preliminary Change of Ownership Report and pay any applicable transfer taxes. 
 
Before proceeding, I recommend consulting with a real estate attorney who can review your specific situation, particularly to confirm how your father's interest was handled after his passing. The attorney can help determine if probate was ever completed for your father's estate and identify any potential tax implications of adding you to the deed now. Taking these steps will help ensure the transfer is legally sound and protects both you and your mother's interests in the property.

Q: How can I add myself to a deed with my mother in CA after my father's passing?