Legal Question in Wills and Trusts in California
My mother and I are both on the deed to her house when she passes will I become the sole owner or will it be probated
Asked on 8/20/13, 3:35 pm
3 Answers from Attorneys
Joel Selik
www.SelikLaw.com
It depends on how it is held, and what other debts there may be. If you are joint tenants, her interest in the property goes to you.
Answered on 8/20/13, 3:37 pm
Michele Cusack
Pollak & Cusack
If you are joint tenants, you will just have to file an Affidavit of Death of Joint Tenant with the county recorder's office, along with a change of ownership report and Claim for Exemption from Reassessment for Parent-Child Transfer.
Answered on 8/20/13, 3:47 pm
William Christian
Rodi Pollock
If you are tenants in common, however, off to probate you go. Obviously the language change betweeen "Joint Tenants" and "Tenants in Common" is small, but it makes a huge difference. Get this checked by counsel to make sure now while you are both alive.
Answered on 8/20/13, 3:52 pm
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
