I would like to know how to transfer property?

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I would like to know how to transfer property?

My grandmother quick deeded her property to my uncle who died 3 year ago. Rhis year, shepassed away and left a Will which said the property is to go to me. How do I obtain this property? What does my uncle’s wife and children need to do to give it to me?

Asked on June 27, 2012 under Estate Planning, California

Answers:

Cameron Norris, Esq. / Law Office of Gary W. Norris

Answered 9 years ago | Contributor

You can only devise property by will if you own it at your death.  So if you give things away, sell them, etc. before you die, any will purporting to devise property may not be effective.  In this case, your grandmother appears to have quick claimed the property to your uncle.  You can't convey real property to a dead person, so if he was dead at the time of the transfer it would have been invalid (it is unclear from the facts here).  If he was alive at the time fo the quitclaim, the property became a part of your uncle's estate and his heirs would take the property. 

Your uncle's wife and children might be nice and quitclaim it back to you--especially if you don't make it clear to them that they own it, but you probably have no legal right to the property.

Best of luck.


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