Legal Question in Wills and Trusts in California

question was asked: Just before my mother's death (1986) my mother willed her home to my sister who was single and living with her. In the will it stated that in the event of my SISTER'S death the house was to be passed on to my brother and I. In 2002 my SISTER married and in 2006 put her husband in joint tenancy on the title to the home. My SISTER passed away April 14, 2011. It was asked if she left a will......SHE DID NOT LEAVE A WILL OR ANY DIRECTION OF HER ASSETS. We are assuming all goes automatically to her husband. Thanks for any info.


Asked on 4/18/11, 3:49 pm

4 Answers from Attorneys

Michele Cusack Pollak & Cusack

I wouldn't like to make a definitive pronouncement without seeing the paperwork, but most likely you are correct. If the house was left to your sister outright and free of trust, then she had the right to put her husband on as joint tenant, and it would pass to him by right of survivorship on your sister's death (regardless of whether she had a will.) BUT if your mother's will left the house to your sister IN TRUST or as a LIFE ESTATE, with you and your brother named as remainder beneficiaries after your sister's death, you might be able to contest the joint tenancy transfer.

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Answered on 4/18/11, 3:58 pm
George Shers Law Offices of Georges H. Shers

What is important is the language of what property interest was passed on to her sister. if the Will states it goes to her unless she was deceased before your mother, then she got a fee simple interest and can do what she wants with it. If she got merely a life estate [to sister for life and then to my two sons] then upon her death the life estate ends and the property goes to your brother and yourself. So you need an attorney to look at the Will.

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Answered on 4/18/11, 3:59 pm
Eliz. C. A. Johnson Eliz. C. A. Johnson

My prior answer addressed this new aspect.

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Answered on 4/18/11, 5:24 pm
Anthony Roach Law Office of Anthony A. Roach

The property belongs to the husband by right of survivorship. He will need to record a document called an "affidavit of the death of a joint tenant" together with a death certificate, to make title clear in his name.

Thank you for providing more information.

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Answered on 4/18/11, 6:14 pm


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