Legal Question in Wills and Trusts in California
Probate
A man passes with no will and his only next of kin is his son. Who is, at the time of death, legal joint owner to all real property owned by the man. The son then finds out his father, named on his birth record, is not his biological father. What would the sons legal rights be.
Asked on 3/15/07, 6:35 am
1 Answer from Attorneys
Donald Field
Donald L. Field, Jr., Attorney at Law
Re: Probate
This depends upon the title to the real property. If by "joint owner" you mean "joint tenant" (and the deeds so state) the surviving joint tenant becomes the sole owner at death, without the need for probate. If the property is held as tenants-in-common or some other form of title, probate may be required.
Answered on 3/15/07, 1:23 pm
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