Deed/Title Issues Attorneys

Deed/Titles Issues Lawyers

Tucker | Pollard Attorneys at Law has years of experience in successfully representing individuals and businesses with problems involving deeds. Some of our most frequently requested services are:

  • Legal help to change the name on the deed to inherited property
  • Handling problems with names and descriptions on deeds
  • Handling property boundary problems

Deeds are the central documents for determining and transferring ownership in real estate. Deed problems arise in many different circumstances and can seriously affect your rights to property, and even your ability to sell your property. Whatever your situation, you can benefit from our experience as we help in finding workable solutions to your deed problems.

A. Legal Help to Change the Name on a Deed to Inherited Property

Tucker | Pollard Attorneys at Law can help you with changing the name on the deed to property you have inherited. If the property is in California, the description is clear, and there is no dispute over the property, then we will prepare and file the proper documents with the County Recorder’s Office and the name will be changed in just a few days. In some cases, though, changing the name on a deed is more complicated. We can provide you with experienced assistance in those situations as well, as explained below.

1. Inheritance Complications

For many different reasons, it may be unclear who will inherit property.  If you find yourself in this situation, inheritance issues must be favorably resolved before title can be transferred to your name by deed.  Problems here can arise from out-of-state property; mistakes in a will; challenges to the will; claims by a co-owner, spouse, or child of the deceased; and so on.

Although these problems can be quite challenging, our attorneys have the probate expertise necessary for advising you and representing you in court to establish your inheritance rights and change the name on the deed to the inherited property.

2. Protecting the Value of Property During Probate Delays

Even if there is no dispute regarding the property you will be inheriting, often the deceased person’s property must be transferred to you through the legal process known as probate. However, certain property can lose value if it is not properly and continually managed, and at times it may even be best for the property to be sold as early as possible.

A practical problem arises from this delay in the transfer of inherited property to you. During this time, you may need to take steps to protect the value of the real estate or business. We will act promptly on your behalf and ask the court to appoint a trustee to manage the property. This will safeguard your inheritance and once probate is complete and the property is transferred to you, we can change the name on the deed for you.

3. Handling Liens and Claims Against Inherited Property

The deceased’s property may have had liens or claims filed against it, such as a state claim for unpaid property taxes. Once you inherit the property, these claims can remain on it until the amount due is paid. In California, a property tax lien is made more likely because qualified persons may postpone payment of all property taxes due on their homes. If the deceased postponed payment, interest will also be owed, all secured by a lien on the inherited property.

The “Lis Pendens.” In addition to liens, during probate there may be a will contest or other claim to an interest in the property.  Unlike liens, this is not simply a money claim against your property, it is an actual ownership claim to the property. When the other party records the appropriate notice of this lawsuit, the property becomes encumbered by it.  In this situation, we will review your options with you, and can seek to negotiate a reasonable settlement or pursue your interests in court.

B. Legal Help for Problems With Names and Descriptions on deeds

Deeds transfer ownership, and as such need to accurately reflect your property interests. Some deeds fail to achieve your objectives because of misunderstandings about the law, but commonly, the following mistakes will create doubt about ownership:

  • Inconsistent names frequently appear on deeds when a buyer takes title and later sells the property, each time using a different variation of his or her name. This can raise questions about your chain of title.
  • Inaccurate legal descriptions. Every deed must also contain an accurate legal description of the transferred property, but often the deed may have been typed up incorrectly, or the property may be described differently than in the prior deed on the property.

We will help you clear your title, whether it be by preparing a corrected deed and filing it, or by seeking a court order to have the deed revised, if necessary.

Benefits to Our Clients

We are committed to keeping our clients fully informed and offering them the guidance and support they need to make good choices between different legal alternatives. Our attorneys will ensure that all of your legal matters are supervised by a seasoned senior partner who will act as your Personal Legal Representative and oversee your legal affairs, even if another attorney is performing a particular service for you. For as long as we represent you, you will receive the same dedication and quality of service that brought you to us in the first place.