Legal Question in Wills and Trusts in California

It is not held in a trust or community property with right of survivorship, no tenants in common. I'm not sure if joint tenancy means they lived there together or something else. I do know they own the house and the title is in both their names. I realize the current will is not valid I do have a will she made in 1996 that is signed and witnessed that says I'm to "receive her share of the home equity," Is that will still valid even if most of the items are no longer around?

Asked on 7/02/13, 11:50 am

2 Answers from Attorneys

Jennifer Rouse Meissner Joseph & Palley

If the title to the house is in your mother and step-father's names as joint tenants with rights of survivorship (the actual wording that appears on the deed that is recorded against the property), then the terms of your mother's Will has no bearing on how the house is distributed becuase your step-father receives 100% of the property.

You should take your mother's Will and a copy of the most recent vesting deed for the house to an attorney and have them review it all.

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Answered on 7/02/13, 12:08 pm
Anthony Roach Law Office of Anthony A. Roach

Send me a private e-mail. I can at least review the documents if you can scan them and get them to me.

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Answered on 7/02/13, 2:12 pm


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