Legal Question in Real Estate Law in California
who has rights to property
Two sister in California are joint tenants on a grant deed of same property.Both have died two years apart no changes to grant deed since 1957. Their are two children from one sister and two children from the other sister. Do all four children have equal rights to property? Or only the children of the last sister to die?
2 Answers from Attorneys
Re: who has rights to property
Missing info - is there a surviving husband of the second sister? Did she have a will? If second sister did not have a will and there was no surviving husband or adopted children and it was a true joint tenancy as said above then the law of intestate succession in CA would split the property 50-50 between the second sisters two children. You really need to have the deed examined by a probate attorney for the true answer as we can not determine from your question what the language on the deed is or other facts. Suggest you contact probate attorney in your area for consultation.
Re: who has rights to property
If the property was held as a true joint tenancy, the property would pass to the surviving sister. Upon the death of the surviving sister, it would pass to her heirs in accordance with the terms of her will. If there was no will, the laws of intestate succession would dictate who gets the proceeds.
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