Legal Question in Wills and Trusts in California

wills

My mother is very ill. She took out a second on her house and to qualify she asked a very good friend ( who lives in the house and she calls her sister ) to cosign. This friend is on the Deed of the house. If my mother should pass away is the ''friend'' entitled to all the proceeds of the sale of the house? She has said that she will sell the house and move to live with her daughter. There is no will.


Asked on 5/05/08, 2:56 am

3 Answers from Attorneys

Mitchell Roth MW Roth, Professional Law Corporation

Re: wills

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Answered on 5/06/08, 6:26 pm
Robert Mccoy Law Office Of Robert McCoy

Re: wills

If the house is held "as joint tenants" then your friend would get all the property at your mom's death. To prevent this, your mom can create a new deed and convey her 1/2 of the property to herself as her sole and separate property.

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Answered on 5/05/08, 5:43 pm
Frankie Woo Fiducia Legal

Re: wills

You should go to the recorder's office and check to see how the title to the house is held. If its joint tenancy, then the "friend" gets to keep the house if your mom dies. Your mother can still sever the joint tenancy, but the "friend" still has rights to a portion of the property.

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Answered on 5/05/08, 3:26 am


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