If my husband and I were buying our house from my dad who passed away suddenly, what do we need to do to transfer title?

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If my husband and I were buying our house from my dad who passed away suddenly, what do we need to do to transfer title?

Asked on January 28, 2016 under Estate Planning, California

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

You can't transfer the title if it wasn't done before your father passed (and please accept our sympathies for your loss): rather, it would be the estate's executor (if your father had a will) or his administrator (if there was no will) to complete the transaction, so you will need to wait until such person is appointed by the court and then deal with him or her. This situation could get complicated, especially if the executor or administrator doesn't voluntarily want to go through with the transaction, as they may not be able to to if the house is being left to someone else (the executor or administrator has to act in the interests of the estate and heirs); you should retain an attorney to help you out.


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