A: I suggest you contact an attorney before you sell your house, or transfer the proceeds of a sale into a bank account. In general, separate property that is commingled with another person, such as money in a joint bank account, may not be considered as separate property after it is commingled, because the property lacks traceability. Issues of traceability may not be obvious. There should be an accounting for certain items such as the allocation of joint mortgage payments and improvements contributed by your spouse. If the house is in your name, the proceeds from a sale of the house should be deposited in an individual account in your name to maintain traceability. You should be on title for any subsequent property purchased with funds from previous properties or bank accounts..
A: Bank and life insurance should pass through beneficiary designation by providing to the relevant institutions a certified death certificate and your credentials.
Assuming that the house was held in joint tenancy, You will need to file AFFIDAVIT - DEATH OF JOINT TENANT, a Preliminary Change in Ownership (PCOR), and provide a certified death certificate.
If the house was held by your daughter as an individual, or as tenants in common, most likely you will need to hire a probate attorney.
A: In general, the Statute of Frauds requires that certain transactions must be in writing.
See, California Civil Code Section 1624(a)(3)
This posting does not create any attorney-client relationship. The information presented here is general in nature and is not intended nor should be construed as legal advice for any particular case or client. For specific advice about your particular situation, please consult with your own attorney. This posting is not intended to constitute an advertisement or a solicitation.