My grandfather just passed Dec. 5, I need to know what steps are needed to remove his name from the deed of his and my grandmothers house. Is it necessary to have a lawyer to do this?
Thank you,
Jeff

P.S. We live in California.

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Originally Posted by Jeff_w

My grandfather just passed Dec. 5, I need to know what steps are needed to remove his name from the deed of his and my grandmothers house. Is it necessary to have a lawyer to do this?
Thank you,
Jeff

P.S. We live in California.

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You didn't say a couple of important things, is your grandmother still living? Are there any surving children of your gr father ? Did he die intestate (without a will) ? If you could answer these maybe I (and I am not an attorney) or someone reading this such as an attorney or other trained legal professional can better help you find answers. An attorney is always the best but maybe not the least expensive solution.

If he and his wife had a deed that was in joint tenantcy then there is not even a need for a new deed, his wife would just automatically become the sole owner of the property, ( that is the most common method of doing a deed for a husband and wife)

If his wife has already passed, or if this is not how the deed was done, then the issue of is there or is there not a will. And at that point, normally there will be an administor of the will or it will have to go though probate court that can order a new deed.

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Originally Posted by RichardBondMan

You didnt say a couple of important things, is your grandmother still living? Are there any surving children of your gr father ? Did he die intestate (without a will) ? If you could answer these maybe I (and I am not an attorney) or someone reading this such as an attorney or other trained legal professional can better help you find answers. An attorney is always the best but maybe not the least expensive solution.

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Thanks Richard,
Yes my grandmother is still alive and I don't believe there was a will. We are just trying to get his (my grandfather) name off the house because he was on Medi-Cal (a medical assistant program here in california) and we aren't sure if they will put a lean on the home to payback the program. Do they even do that (the lean)?

I am not familiar with MediCal. Best to ask them if they file liens. I would think not.

Your father's rights to the property are no longer an issue so getting his name off the deed is immaterial. The "lien" issue should be investigated with an CA elder-care attorney to protect your GM's interest.