How do I add myself to my father’s deed?
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How do I add myself to my father’s deed?
Currently my mother is on the deed but she passed away 7 years ago. Do I need just the affidavit of death form, wait for the new deed, and then fill out a quit claim deed? Or are there more forms to fill out? I’m in CA.
Asked on November 22, 2011 under Real Estate Law, California
Answers:
FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
It is hard for me to answer your question as written. If your father is alive and owns real property, he can grant or quitclaim to you an interest in real property that he may have assuming he wants to.
If he is deceased like your mother, you need to carefully read the deed to the real property you are writing about to see if your name is on it. If it is and if it is a joint tenancy deed with the right of survivorship, you may have received the property by operation of law. I suggest that you consult with a real estate attorney that also does Wills and trusts.
There is a possibility that your mother's estate may need to be probated if not done already assuming she has a Will. If she had no Will but a trust, was her estate administered through a trust? If she had no Will or a trust, was your mother's estate administered through a court proceeding?
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