DP Legal Solutions

One House. Two Probates.

Yesterday, a client came into my office carrying a Grant Deed and asked a simple question:

"Attorney Peter, why can't we sell this house?"

After reviewing the documents, the answer turned out to be anything but simple.

Years ago, during a refinance transaction, the Title Company prepared a deed that placed four people on title:

A – Son
B – Daughter
C – Father
D – Mother

At first glance, nothing seemed unusual.

However, the deed did not clearly specify the form of ownership (vesting).

When title is held by multiple individuals and the vesting is not properly stated, California law may treat the owners as Tenants in Common by default.

Then life happened.

The father (C) passed away.

Six months later, the mother (D) also passed away.

Years later, A and B decided it was time to sell the family home and retire in the Philippines.

They thought selling the property would be straightforward.

It wasn't.

Because the ownership interests of both parents did not automatically transfer to the surviving owners, each deceased owner's share had to pass through Probate.

The result?

✅ One Probate case for the father's interest.

✅ A second Probate case for the mother's interest.

Two separate Probate proceedings for a single property.

The estimated timeline to resolve both matters: at least 12 months, and potentially longer depending on the circumstances.

The cost?

Let's just say it is far more expensive than addressing title issues while everyone is still alive.

This is a situation I see more often than most people realize. Many homeowners never review how title is held after a refinance, transfer, or family transaction. The problem usually doesn't surface until someone passes away or the family tries to sell the property.

By then, the available solutions are often time-consuming, costly, and stressful.

A simple title review today can help identify potential issues before they become probate problems tomorrow.

If you own real estate and have never reviewed how your property is vested, it may be worth taking a closer look.

📌 I offer Title Review consultations and ownership-planning strategies tailored to your family's goals. 👇

Please note: Title Reviews are a paid professional service.

— Attorney Peter Phuong Luong, Esq
Estate Planning • Probate • Real Estate
Helping families protect their assets before problems arise.

🏆 Honored to Receive the Avvo Clients' Choice Award! 🏆

I am grateful to announce that I have been recognized with the Avvo Clients' Choice Award, an honor based on client reviews and feedback.

This award reflects the trust my clients place in me during some of the most important and challenging moments of their lives. It is a privilege to advocate for individuals and families, and I am thankful for every client who took the time to share their experience.

At DP Legal Solutions, our mission remains the same: to provide dedicated, compassionate, and effective legal representation while helping clients navigate complex legal matters with confidence.

Thank you to all of my clients, colleagues, friends, and supporters for your continued trust and encouragement. I look forward to continuing to serve our community and helping more people achieve positive outcomes.