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
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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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8/20/13, 3:37 pm
Michele Cusack Pollak & Cusack
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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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8/20/13, 3:47 pm
William Christian Rodi Pollock
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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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8/20/13, 3:52 pm

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