Legal Question in Wills and Trusts in California

grant deeds

a grant deed in 2000 has a life estate for mother to live in her house till she dies, 2002,1 of her kids died , she removed him and left 4 others as joint tentents.she still lives in her home. nothing on 2cd deed to state that she has a life estate. ???? is ? does the 1st deed work with the 2cd deed. To keep her life estate valid? now there is died bros child sueing us to make us sell the house she is living in..probate court did not find a reason attach a lein on the prop[erty..is there a reason for us to be concern on this matter? question,, because she is in good health & and it is her property... can she still add a life estate to 2cd deed?? I hope i am making it easy and not confusing?? this has been going on for 6 years. thats how long my bro been gone..


Asked on 6/28/09, 1:10 am

1 Answer from Attorneys
Phunphilas Viravan Law Offices of Phunphilas Viravan

Re: grant deeds

If the deed had all 5 of you as joint tenants, and one of the joint tenants (i.e., deceased brother) dies, then only the remaining 4 joint tenants have any interest in the property. The deceased brother's heirs have no claim on the property. This is a basic concept of joint tenancy, which comes with right of survivorship.

You don't even get to the issue of the life estate. Deceased brother's child simply has no standing and no interest in the house.

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Answered on 7/01/09, 3:10 am


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