My uncle passed away, leaving myself and my brother as his only heirs. He only owned a home, worth less than $150,000. I went to court of received an order for the home to be passed to me and my brother (order determining succession to real property - estates of $150,00 or less). My brother didn't want a cent, so he recently signed an affidavit, disclaiming all of his interest. My question is: What do I do with this document to effectively get his name off title to the property? Do I record it with the County Recorder? Or file it with the Court? No probate was opened.
A disclaimer is not likely proper. The Order needs to be recorded and then your brother needs to sign a deed that gets recorded giving you his interest. At this point that is the best you can do. Any disclaimer naeded to be done prior to the court order confirming the property to both of you.
Disclaimer cannot be used in this situation. You should have filed disclaimer before order for distribution.
After property distributed to you and brother, you will need deed transferring brother's interest to you.
You might be able to have the order modified by the court.
I am an Attorney-at-Law, licensed to practice law only in the state of California. Unless we have both signed a formal retainer agreement, you are not my client, and my discussion of issues does not constitute legal advice. Opinions expressed herein are those of the author, and do not necessarily represent the opinions of those who hold other opinions.
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