California  |  Mediation

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8/13/09, 6:38 pm

Legal Question


can my sister take my mother house becuse she on the deed with my mom


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8/13/09, 6:56 pm

Legal Answer


"Take the house"? If they are on title together as the only 'joint tenants', then upon death of either one, the other automatically becomes the sole owner. If they are the only ones on title as 'tenants in common', then there are legal processes to be followed to have the title fully transferred to the survivor. If you are not on title, then you would could make a claim in court for your share of the deceased's interest in a 'tenants in common' ownership, but not in a 'joint tenants' ownership. IF you contend that the title interest was procured by fraud or duress, then you could seek relief in court. If you need legal help in this, feel free to contact me.

Terry A. Nelson

Nelson & Lawless 18685 Main St., #175 Huntington Beach, CA 92648

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