Legal Question in Wills and Trusts in California

My mother and I are both on the deed to her house when she passes will I become the sole owner or will it be probated

Asked on 8/20/13, 3:35 pm

3 Answers from Attorneys

Joel Selik

It depends on how it is held, and what other debts there may be. If you are joint tenants, her interest in the property goes to you.

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Answered on 8/20/13, 3:37 pm
Michele Cusack Pollak & Cusack

If you are joint tenants, you will just have to file an Affidavit of Death of Joint Tenant with the county recorder's office, along with a change of ownership report and Claim for Exemption from Reassessment for Parent-Child Transfer.

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Answered on 8/20/13, 3:47 pm
William Christian Rodi Pollock

If you are tenants in common, however, off to probate you go. Obviously the language change betweeen "Joint Tenants" and "Tenants in Common" is small, but it makes a huge difference. Get this checked by counsel to make sure now while you are both alive.

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Answered on 8/20/13, 3:52 pm

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