What happens if you but a co-owner’s interest in property but they die before signing over their share?

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What happens if you but a co-owner’s interest in property but they die before signing over their share?

I own 50 % interest in a piece of property. My partner who owns 50% asked for me to buy him out and he would quit claim his 50% share to me. I gave him the check for full payout last week and had the quitclaim deed drawn. He passed away yesterday. Although married the property was held as his sole and separate property. His wife had power of attorney which I understand expired when he did. How do I get his name off of the deed. There is no mortgage. This is in a community property state.

Asked on November 24, 2011 under Real Estate Law, California

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

If the co-partner died before signing over to you the one half interest in the property that you gave a check to him last week, was the check negotiated? If so, the wife needs to set up a probate or intestacy proceeding concerning his estate if he had no Will so that title to the property that you bought can be conveyed to you by a court order.

If the former partner had a trust, possibly his ownership in the property that you paid for can be transferred to you by the trustee. I suggest that you and the widow consult with a Wills and trust attorney as to the best way to transfer title of the one half interest of the property that you purchased.


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