Legal Question in Wills and Trusts in California

I am on the deed for my father's condo. I know I will inherit upon his death. My question is, should I die before my father, will/can my son inherit in my place? I am currently writing my will and need to know how to word that.

Asked on 7/01/13, 2:48 pm

4 Answers from Attorneys

Jennifer Rouse Meissner Joseph & Palley

If you own the real property as joint tenants with your father and you pass away first, it automatically passes to your father and you cannot devise it to anyone else. In that instance, it will be subject to your father's estate planning documents or by intestate succession if he has no estate plan.

If you want to retain control over what happens to the property if you are the first to pass, then you and your father should consult an attorney about establishing a trust.

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Answered on 7/01/13, 2:52 pm

Anthony Roach Law Office of Anthony A. Roach

I agree with Ms. Rouse. The fact that you are on title already to the property does not mean that you have to inherit the property, other than that you may inherit your father's interest in the property. How the interests pass, though, depend on how title to the property is held, as pointed out by Ms. Rouse.

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Answered on 7/01/13, 3:04 pm
Kelvin Green The Law Office of Kelvin Green

Don't try and write the will by yourself. Save yourself the headaches and pay an attorney to do it right...

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Answered on 7/01/13, 7:46 pm
Victor Waid Law Office of Victor Waid

The old saying still applies: "An ounce of prevention is cheaper than a pound of cure."

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Answered on 7/04/13, 3:46 pm

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