Legal Question in Civil Litigation in California

My husband is the successor of the trust for his mother, who passed away a year ago. He is now being sued by one of his brothers, who held title with his mother on her property. The mother did leave a revocable living trust and last will and testament. The brother is suing for partition of sale, rent from the property and is contesting the will. We did consult with a civil attorney and he stated that because the deed on the property stated "joint tenancy" the brother and his wife automatically became sole owners of the property, upon the death of the mother. Is this true? If this is so, then what value is the living trust and will. There are other 7 siblings that were also served with docs, do they have any recourse to regain their mother's part of the property. Thank you for any assistance.


Asked on 1/28/11, 7:17 am

1 Answer from Attorneys

It is impossible to answer questions about specific trust, estate planning and title documents in an internet format. It would make no sense for a trustee to hold title with an individual as joint tenants, for too many reasons to explain here, not the least of which is that joint tenants to take sole title when the other joint tenant dies. But a trust cannot You need to go to the attorney who prepared the will and trust and ask for an explanation.

Read more
Answered on 2/08/11, 10:49 pm


Related Questions & Answers

More General Civil Litigation questions and answers in California