Legal Question in Wills and Trusts in California

Jt tenant

My aunt past away last year. A couple of years before she died, my cousin was added on deed to her home as joint tenant(I assume that she was aware of this at the time). But,about a year later, my cousin--name removed--adult son was added on to her Deed as another joint tenant. This all occured about 2 years before her death. My question - is it possible for cousin to add son on as joint tenant without my aunt--name removed--knowledge or signature?


Asked on 5/19/04, 7:26 pm

3 Answers from Attorneys

Ken Koenen Koenen & Tokunaga, P.C.

Re: Jt tenant

First of all, the only one who can add someone as a joint tenant is the person on title. If there were 2 people on title, they would both need to sign the deed creating the joint tenancy.

Someone cannot just be added as a joint tenant ... joint tenancy is created at one time.

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Answered on 5/19/04, 8:30 pm
Scott Schomer Schomer Law Group

Re: Jt tenant

No, but people file improper deeds all of the time. The problem is that if your cousin was a joint tenant with your aunt, then the property became your cousin's at the death of your aunt. If she owns the property, she can do with it what she wishes. You might want to review the title records and perhaps consult an attorney, especially if you think your cousin took advantage of your aunt.

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Answered on 5/19/04, 9:02 pm
Michael Olden Law Offices of Michael A. Olden

Re: Jt tenant

This is very similar to a question which was asked earlier. If I were to take a piece of property and put my child on as a joint tenant then my child would get the property if I died. If my child attempted to put his child on the deed, then it gets very technical. If I do not sign the deed also my 1/2 is severed as a tendency in common and it will go to my heirs or beneficiaries depending upon what document I believe, if any at the time of my death. His chair would automatically go to his son if he died. It is my opinion it should not in fact the original holder of the real properties share. That would take knowledge and consent. Your question is quite confusing, at least in the so hopefully this will give you the proper answer. At the same time, who ever is signing a document must understand what document is and the effect that document has. If they do not the document may be void or voidable. In any case you need many more facts to tell an attorney who understands in his expertise in real estate law to be able to give you proper advice as to your specific situation.I have been practicing law in this legal area for over 30 years and understand your problem well. I practice in the S.F. Bay Area and if you wish to contact me call at 925-945-6000.

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Answered on 5/19/04, 9:32 pm


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