Legal Question in Wills and Trusts in California

Me and my sister own a home together if I passed away would home go to my kids or to her if I don't have it written in my will?

Asked on 7/13/13, 10:12 pm

3 Answers from Attorneys

Thomas Reid Happe Reid, PC

The answer to this questions depends on how you hold title with your sister. Do you own the home as joint tenants or tenants in common? You will need to look at how title was taken to begin answering the question.

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Answered on 7/13/13, 10:22 pm

Bruce Givner Givner & Kaye, A Professional Corporation

If you own the property as joint tenants with right of survivorship, then your sister gets your half. If you own the property as joint tenants, your children get your half.

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Answered on 7/14/13, 12:54 pm
Anthony Roach Law Office of Anthony A. Roach

I disagree with Mr. Givner. If the property is held in joint tenancy, the surviving title holder gets the entire property, without need for probate. Thus if the property was held in joint tenancy, and you died, your sister would own the entire property, and would only need to record an affidavit of joint tenant to clear title to the property after your death.

If the property was held in tenancy in common, which could result if the joint tenancy was severed, then your share would pass to your heirs, which is determined at your death.

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Answered on 7/15/13, 10:28 am

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