Legal Question in Real Estate Law in California

Death w/Property titled JTWROS

Can property title JTWROS become part of a deceased persons estate if one survivor is still alive?


Asked on 6/19/08, 8:40 pm

2 Answers from Attorneys

Quentin Simms LAW OFFICES of QUENTIN B. SIMMS & ASSOCIATES

Re: Death w/Property titled JTWROS

No, generally. However, there are certainly exceptions (as is always the case.

Without knowing more ... I can offer a POSSIBLE example:

1-If the deceased person had some guardianship/conservatorship over the surviving joint tenant; then there's a possibilty (at least for a short time until legal/court action occurs that the deceased joint's estate may assume such duties thru the adminstrator/executor/trustor POSSIBLY!

2-perhaps through a contractual agreement between joint tenants-POSSIBLY!

As a general rule though, the deceased joint's portion vests in the survivor upon death.

SEEK OUT CONSULTATION WITH AN ATTORNEY FAMILIAR WITH PROPERTY AND PROBATE ISSUES

Thanks.

QSimms

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Answered on 6/19/08, 10:58 pm
Mitchell Roth MW Roth, Professional Law Corporation

Re: Death w/Property titled JTWROS

No.

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Answered on 6/21/08, 4:47 pm


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