Legal Question in Real Estate Law in California

Thanks in advance for your help.

My wife and I, and a single friend, each own a 50% interest in a free and clear duplex.

Wife and I are joint tenants, and together with our friend, we are tenants in common.

If my wife and I die first, we want our ownership interest to pass to our co-owner, and he wants the same, should he die first.

What is the best way to ensure that this occurs, so that no one will be able to contest it? Can 3 people, write up a single will, or is this something that should be handled in some type of trust, or??

We cannot change our ownership to joint tenants, because that will trigger a re-assessment of our property taxes. Years ago, we tried this, at the advice of an attorney, and it took a year to unravel it.

Since we are dealing with a single property, is it possible to tell us what the cost would be to create such a document?


Asked on 5/24/14, 4:47 am

1 Answer from Attorneys

Interesting problem. At first I couldn't see how this would trigger a reassessment by deeding as joint tenants as to all, but then I realized that it would change the ownership from you and wife 50% and friend 50%, to 1/3 each because joint tenancy must be in equal shares. Your best bet would be a trust, most likely. You would need to ask the trusts and probate attorneys how much it would cost.

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Answered on 5/24/14, 1:27 pm


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