How do you put house in wife's name after husband is deceased? 7 Answers as of April 02, 2015

My husband is now deceased as of this month. My name is not on the house. We did not have any children together. Both his daughters are adults in their early thirties Can I place the house in my name?

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Law Office Of Victor Waid
Law Office Of Victor Waid | Victor Waid
Not without a probate court order. Suggest you obtain the services of a probate lawyer to assist you.
Answer Applies to: California
Replied: 4/2/2015
WFB Legal Consulting, Inc.
WFB Legal Consulting, Inc. | William F. Bernard
Without a trust, the home will pass by intestate succession through Probate Court.
Answer Applies to: California
Replied: 4/1/2015
Law Office of Patricia A. Simmons
Law Office of Patricia A. Simmons | Patrica A Simmons
Depending upon the total value of his estate, you may have to go through a formal probate, if your husband did not leave a living trust and the total value of his estate is over $150,000.00. If he had a will, the property will still need to go through probate. You cannot just place your name on the deed without going through the probate process of removing your husband's name from the title to the property. In addition, his children are also entitled to a share of his estate.
Answer Applies to: California
Replied: 4/1/2015
Law Offices of George H. Shers | George H. Shers
Perhaps not. The line of succession in California can be complex and you have not given us enough information to know who would take and thus be entitled to get title to the house. You will have to file for probate to get any change in the title, plus you need to notify the County Assessor's office as there may be an increase in the assessed value of the property. You probably need to speak to a local probate attorney to see what needs to be done in your case. Normally an initial 15 minute consultation is free. You should also read a book discussing probate, such as one by Nolo Press. If the decedent was married, the first question is whether the decedent owned community property, separate property, or a combination of the two. Community property is generally defined as the assets acquired during marriage from earnings or salary. Separate property is generally defined as assets brought into the marriage when the decedent got married, inheritances to the decedent, or gifts to the decedent. However, California case law provides many exceptions to these definitions, and assets can change from community to separate property, or from separate to community, by combining assets, by improving separate property with community property, or by written agreement of the spouses, for example.1. The decedent's community property goes to the surviving spouse, who may have to file a spousal property petition to establish ownership. 2. The decedent's separate property is distributed as follows: a. The surviving spouse receives all of the separate property if the decedent is not survived by issue, parents, brothers, sisters, or children of a deceased brother or sister. b. The surviving spouse receives one-half of the separate property if the decedent had only one child, or issue of a deceased child. c. The surviving spouse receives one-half of the separate property if the decedent left no issue, but left parent(s) or their issue. d. The surviving spouse receives only one-third of the separate property if the decedent left more than one child. e. The surviving spouse receives only one-third of the separate property if the decedent left one child and the issue of one or more deceased children. f. The surviving spouse receives only one-third of the separate property if the decedent left the issue of two or more deceased children.
Answer Applies to: California
Replied: 4/1/2015
Law Office of Nathan Wagner
Law Office of Nathan Wagner | Nathan J. Wagner
Did your husband have a Will or a Living Trust? If so, those documents should control who receives the house. Also, the laws governing inheritance rights differ from state to state. You should speak with a local probate attorney.
Answer Applies to: California
Replied: 4/1/2015
    James Law Group
    James Law Group | Christine James
    You may be able to do a Spousal Property Petition or you may have to do a Petition for Probate. Contact an attorney.
    Answer Applies to: California
    Replied: 4/1/2015
    Law Ofices of Edwin K. Niles | Edwin K. Niles
    Sounds as if probate will be needed. Please see a probate lawyer; your local bar assn. can refer you.
    Answer Applies to: California
    Replied: 4/1/2015
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