Title and Deeds

Q: My mom recently died without a will and had a vacant parcel of land in Modoc County worth about $10,000. Can my sister and I transfer title to ourselves without a probate?

A: Yes! Assuming your mother didn't have any other probatable assets, you and your sister can file with the court a Form DE-305 in the County where the land is located to have the property title transferred without probate.

Q: I transferred title to my current home to my trust when my trust was created. I am now selling my home and and am purchasing a new one. How should I take title to my new home?

A: You should take title to your new home in the same way that you hold title to your current home - as trustee of your trust. This will ensure that your new home is a trust asset and that it is not at risk of going through probate to be administered after your death....

Q: I created my trust 6 years ago and just purchased another piece of real estate. Do I need to do anything special to make sure the new property is part of my trust?

A: Yes you do! This is what we estate planning attorneys refer to as "trust funding". In this case, you will need to make sure you sign and record a new grant deed showing your trust as the owner of the property! And remember, if you forget to do this, your...

Q: My sister and I would like to purchase a California investment property together, but she is able to invest more than I can. Can we own the property together in different percentages?

A: Yes, you can! In California, two individuals can take title to real property as tenants-in-common, and in whichever percentages the owners agree on. For example, your sister could own an 80% interest as a tenant-in-common while you own a 20% interest as a...