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Asked in CA May 21, 2022 ,  0 answers

My father(a US citizen) passed away(natural death) outside the USA(Tijuana, B.C. Mexico) so all death certificates and contingent paperwork originates from Mexico.

We live in San Diego, CA and there are several things I need to take care of that I cant find a easy answer to:

**1)my parents own a home in San DIego as joint tenants, meaning if one of them dies, the other person keeps the property without having to go through probate! thank god!

**2)do I have to let the county of San Diego through the recorders office about my father's death? If yes, what do I need to file or take with me? ** I went there hoping to ask them what they wanted to see and they said they could care less if I reported it to them or not......which was weird..

But dont I have to record my father's death with them so that at least he is taken out of the house deed/paperwork?

**3)As for the mortgage that they have on the house, we will continue to make payments as normal, is there anything we need to provide the mortgage company or do regarding the home and home mortgage?

Thanks in advanced for your answers/tips:

Ben

Data From  LAWGURU_Question

5 Answers

Anonymous
Reply

Posted on / Nov. 16, 2010 13:06:00

Ben, I am sorry for your loss. I agree with Mr. McCormick, Mr. Webb and Ms. Cusack. I have attached a link with a form for filing an Affidavit of Death of Joint Tenant. As Ms. Cusack has stated, the purpose of the Affidavit of Death of Joint Tenant is for your mother to establish title in her own name. Your mother's signature needs to be notarized, too. You need to attach a copy of the death certificate to the form. As Mr. McCormack has stated, transfers between spouses are exempt from reassessment, so there will be no reassessment for taxes purposes, here. You do also need to file the Preliminary Change of Ownership form, as well. I have attached the link for this form, too. Its important to fill both of these forms out correctly.

The mortgage company will eventually become aware of the death of your father. You can notify them, if you want to . Since your parents owned the property jointly, presumably the loan is in both names. So, as long as the payments continue to be made, there should not be any problems with the mortgage.

Please let me know if you need any additional assistance. My email is: [email protected]

http://arcc.co.san-diego.ca.us/docs/PCOR.pdf (preliminary change of ownership)

http://www.saclaw.lib.ca.us/Uploads/files/forms/AffidavitDeathJointTenant_08.pdf

Anonymous
Reply

Posted on / Nov. 16, 2010 13:06:00

Ben, I am sorry for your loss. I agree with Mr. McCormick, Mr. Webb and Ms. Cusack. I have attached a link with a form for filing an Affidavit of Death of Joint Tenant. As Ms. Cusack has stated, the purpose of the Affidavit of Death of Joint Tenant is for your mother to establish title in her own name. Your mother's signature needs to be notarized, too. You need to attach a copy of the death certificate to the form. As Mr. McCormack has stated, transfers between spouses are exempt from reassessment, so there will be no reassessment for taxes purposes, here. You do also need to file the Preliminary Change of Ownership form, as well. I have attached the link for this form, too. Its important to fill both of these forms out correctly.

The mortgage company will eventually become aware of the death of your father. You can notify them, if you want to . Since your parents owned the property jointly, presumably the loan is in both names. So, as long as the payments continue to be made, there should not be any problems with the mortgage.

Please let me know if you need any additional assistance. My email is: [email protected]

http://arcc.co.san-diego.ca.us/docs/PCOR.pdf (preliminary change of ownership)

http://www.saclaw.lib.ca.us/Uploads/files/forms/AffidavitDeathJointTenant_08.pdf

Anonymous
Reply

Posted on / Nov. 16, 2010 13:06:00

Ben, I am sorry for your loss. I agree with Mr. McCormick, Mr. Webb and Ms. Cusack. I have attached a link with a form for filing an Affidavit of Death of Joint Tenant. As Ms. Cusack has stated, the purpose of the Affidavit of Death of Joint Tenant is for your mother to establish title in her own name. Your mother's signature needs to be notarized, too. You need to attach a copy of the death certificate to the form. As Mr. McCormack has stated, transfers between spouses are exempt from reassessment, so there will be no reassessment for taxes purposes, here. You do also need to file the Preliminary Change of Ownership form, as well. I have attached the link for this form, too. Its important to fill both of these forms out correctly.

The mortgage company will eventually become aware of the death of your father. You can notify them, if you want to . Since your parents owned the property jointly, presumably the loan is in both names. So, as long as the payments continue to be made, there should not be any problems with the mortgage.

Please let me know if you need any additional assistance. My email is: [email protected]

http://arcc.co.san-diego.ca.us/docs/PCOR.pdf (preliminary change of ownership)

http://www.saclaw.lib.ca.us/Uploads/files/forms/AffidavitDeathJointTenant_08.pdf

Anonymous
Reply

Posted on / Nov. 16, 2010 13:06:00

Ben, I am sorry for your loss. I agree with Mr. McCormick, Mr. Webb and Ms. Cusack. I have attached a link with a form for filing an Affidavit of Death of Joint Tenant. As Ms. Cusack has stated, the purpose of the Affidavit of Death of Joint Tenant is for your mother to establish title in her own name. Your mother's signature needs to be notarized, too. You need to attach a copy of the death certificate to the form. As Mr. McCormack has stated, transfers between spouses are exempt from reassessment, so there will be no reassessment for taxes purposes, here. You do also need to file the Preliminary Change of Ownership form, as well. I have attached the link for this form, too. Its important to fill both of these forms out correctly.

The mortgage company will eventually become aware of the death of your father. You can notify them, if you want to . Since your parents owned the property jointly, presumably the loan is in both names. So, as long as the payments continue to be made, there should not be any problems with the mortgage.

Please let me know if you need any additional assistance. My email is: [email protected]

http://arcc.co.san-diego.ca.us/docs/PCOR.pdf (preliminary change of ownership)

http://www.saclaw.lib.ca.us/Uploads/files/forms/AffidavitDeathJointTenant_08.pdf

Anonymous
Reply

Posted on / Nov. 16, 2010 13:06:00

Ben, I am sorry for your loss. I agree with Mr. McCormick, Mr. Webb and Ms. Cusack. I have attached a link with a form for filing an Affidavit of Death of Joint Tenant. As Ms. Cusack has stated, the purpose of the Affidavit of Death of Joint Tenant is for your mother to establish title in her own name. Your mother's signature needs to be notarized, too. You need to attach a copy of the death certificate to the form. As Mr. McCormack has stated, transfers between spouses are exempt from reassessment, so there will be no reassessment for taxes purposes, here. You do also need to file the Preliminary Change of Ownership form, as well. I have attached the link for this form, too. Its important to fill both of these forms out correctly.

The mortgage company will eventually become aware of the death of your father. You can notify them, if you want to . Since your parents owned the property jointly, presumably the loan is in both names. So, as long as the payments continue to be made, there should not be any problems with the mortgage.

Please let me know if you need any additional assistance. My email is: [email protected]

http://arcc.co.san-diego.ca.us/docs/PCOR.pdf (preliminary change of ownership)

http://www.saclaw.lib.ca.us/Uploads/files/forms/AffidavitDeathJointTenant_08.pdf

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