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Husband and Wife as Joint tenants, wife died, title question

Posted on: 10th Nov, 2008 01:59 pm
In 1987 we purchased a home in the state of California, county of San Diego, as "husband and wife as joint tenants."

She died intestate in 2001 and since she had no other assests or liabilities, I didn't probate her estate at that time.

Today I want to change the title on the home so as to place it into my revokable living trust.

However, if at all possible I don't want to loose half the federal tax basis on the property.

How do I change the title so as not to loose half the basis on the property or suffer other negative federal tax consequences?

Do I have to put my deceased wife's estate through an expensive probate so as to gain the assistance of a probate judge in making declarations and changing the title?

Or can I just record some forms with the county recorder?
Hi astrodanco!

Welcome to forums!

You have said that the you and your wife owned the property as joint tenants. If it was a joint tenancy with right to survivorship, then you have inherited the property directly after her death. Then there is no need to go for a probate. You can go to the county recorder and change the name.

Feel free to ask if you have further queries.

Sussane
Posted on: 10th Nov, 2008 06:48 pm
Unfortunately, the title doesn't say "right to survivorship", only "husband and wife as joint tenants." The title also doesn't say "as community property" despite our always treating it as such while she was alive.

I suspect that in order to preserve the surviving spouses tax basis upon death of the other spouse that we should have held the property as "husband and wife as community property."

This may be very important to my federal tax basis.

If "right to survivorship" is somehow magically implied for married couples in the state of California (?), then do I file an "Affidavit of Surviving Spouse Succeeding to Community Property" or an "Affidavit of Death of Joint Tenant" with the county recorder? I suspect that the former would preserve my federal tax basis (good) and the later would not (bad). Which would be the correct form?
Posted on: 10th Nov, 2008 07:27 pm
Hi astrodanco,

I think you should file the "Affidavit of Surviving Spouse Succeeding to Community Property". This will be a sort of declaration by a joint tenant that another joint tenant has died.

Thanks
Posted on: 11th Nov, 2008 01:23 am
You take sole title at the death of a joint tenant whether it says "right of survivorship" or not.

If your county has an Affidavit of Death of Joint Tenant form, file that. Most counties will simply accept filing of a death certificate.

As to tax, I don't know that law for sure, but it seems to me, this type of transfer should not trigger a change in basis. Check with your accountant.
Posted on: 12th Nov, 2008 07:11 am
PHILA PA] MY WIFE DIED AND THE HOUSE IS IN
HER NAME HOW CAN I HAVE THAT CHANGE TO
MY NAME
Posted on: 06th Dec, 2008 11:57 pm
Welcome CARSON,

You can file an Affidavit of Heirship in the county recorder's office and transfer the property in your name.
Posted on: 07th Dec, 2008 11:26 pm
My wife passed away. I am completing the affidavit. there is a question about my wife's value of personal and real estate porperty she owned when she died. Will that trigger any tax consequence?. Do I have to provide the exact amount? what if I do not. Thanks for your help.
Posted on: 10th Jan, 2009 10:25 pm
Hi billred,

Welcome to the forums.

There can be tax consequences if you inherit you wife's estate. You may have to pay the estate tax. It's best to consult an estate planning attorney in this regard.

If you do not provide the exact amount of estate, chances are it could be considered as fraud if discovered later on.

good luck
Posted on: 12th Jan, 2009 04:13 am
my husband died two years ago and i am trying to refinance our home. the bank said they would not refinance until my husbands name was off the title to our house. i paid for probate and have a "letters of testamentary" issued by our county clerk. my bank is having problems accepting that document as proof of title transfer. i am going to lose my house if i can't get a refi. what do i need to do now? i spent most of my money on the probate process.
Posted on: 18th Feb, 2009 04:46 pm
Hi C.J.,

This query has already been answered in the following page:
http://www.mortgagefit.com/propertytransfer/titlechange-refinance.html#78084

Thanks,

Jerry
Posted on: 19th Feb, 2009 03:38 am
My husband recently passed away and we were listed on the Grant Deed as Husband and Wife ans Joint Tenants in California. I filed an Affidavit of Surviving Spouse Succeeding to Title to Community Property which I had recorded with the County Registrar's Office. My question is, is there any other paperwork I need to file or will that affidavit alone remove my late husband from the Title. Also does another Grant Deed need to be executed stating that I am the sole owner on title of the property?
Posted on: 26th Feb, 2009 09:03 pm
Hi Lola,

Since you were on the deed as joint tenants, filing an Affidavit of Surviving Spouse Succeeding to Title to Community Property would be enough to remove your deceased husband's name from the title. There's no need for a new grant deed to be executed.
Posted on: 26th Feb, 2009 10:32 pm
My income only was used to refi house wife and i are getting divorce. Home is in foreclosure now. We are listed as joint tenants on deed. will this affect her credit
Posted on: 04th Jun, 2009 11:20 am
Hi William!

Welcome to forums!

If the mortgage is in your wife's name, then the foreclosure will definitely effect her credit score and lower it by 250 points.

Feel free to ask if you have further queries.

Sussane
Posted on: 04th Jun, 2009 09:23 pm
my husband died and im not on title or loan my home is in foreclosure bank doesnt want to work with me do i need to go to probate or what do i file
Posted on: 22nd Jun, 2009 09:33 pm
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