Transferring real property title to Surviving Joint Tenant

Written by: leonora  |  Published on: January 25th, 2012

When real property’s title is held in Joint Tenancy, the Joint Tenancy terminates automatically, but record title must still be cleared. This is done in order to all the Surviving Joint Tenant to have clear title when the time comes to sell or transfer the property. The simplest way to do this without court interference is through an affidavit procedure outlined in California Probate Code §210(a). This Affidavit should contain the following: 1. Be signed by the person having knowledge of the facts (usually the surviving Joint Tenant); 2. Include legal description of the property, parcel number, physical address, date [...]

Locating Will or Trust of the decedent in a Safe Deposit Box.

Written by: leonora  |  Published on: January 24th, 2012

When a person dies it is important to determine if the person (decedent) had a Will. When a person dies, his/her attorney will usually have knowledge on whether the person had a Will. However, because the decedent could have left a codicil or a new Will, inquiry should be made to attempt to find the latest document. With the help and cooperation of family, inquiry should be made with banks where decedent had accounts. If a safe deposit box key is available, the box can be accessed with proof of decedent’s death and proof of identity for a limited purpose [...]


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