Legal Question in Real Estate Law in California

Re: How much do the children of the domestic partner entitle to the joint tenant

You should move all of your assets into a living trust, and get a durable power of attorney and advance healthcare directive. You can get all of this done so as to protect you and your partner's interests and intentions for about $400. If you want to pursue this alternative I can give you a reference. You can contact me by e-mail or by phone for this purpose.

Re: How much do the children of the domestic partner entitle to the joint tenant

I would say that if your partner's funds were "clean" at the time the joint tenancies were created, his heirs would have a difficult time asserting any claim to the house or the bank account. He should have a will and/or trust professionally prepared and make some provision therein for his children so they can't assert they were overlooked; he can leave them a token bequest or specifically disinherit them, I believe (I'm not a wills and trusts lawyer).

Joint tenancy property passes to the surviving joint tenant(s) upon the death of one joint tenant, and any lien or adverse claim on the decedent's interest that arose after the joint tenancy was created is extinguished.

Re: How much do the children of the domestic partner entitle to the joint tenant

When property is held in joint tenancy, it passes to the other joint tenant automatically simply by filing an affidavit of death of joint tenant with the county.

That being said, you must remember that "Where there's a will, there's a relative!"

I would agree that some simple estate planning is in order here. For example, if something happened to both of you at the same time (car accident/plane crash) a mess could be created.

Re: How much do the children of the domestic partner entitle to the joint tenant

Any asset held in joint tenancy at that time that one of the joint tenants dies automatically, without the need of probate or any other action, upon recording any notice of death of joint tenant and a certified copy of the birth certificate, goes to the surviving joint tenant or joint tenants if they're more than 1 in equal shares. Therefore, if you're Partner's children are living they should not necessarily have any right to the property. There are means of litigating the intent of the party at the time they placed the property into that form of title but the courts, unless there is clear and convincing proof otherwise, adhere to the presumption that the person he intended the property to automatically go to the surviving joint tenant. A joint tenant so at anytime, prior to their death can terminate the joint tenancy and transfer the property to themselves as a tenant in common with the other in joint tenants. Let that would mean it would be the you're partner could thrill either a will or trust leave the property to his child or children with or anyone else in the so wished. One of the only things that could stop that would be an agreement as between yourself and he shelling no intent to do that or something possibly else in writing applicable to his estate plan. This gets to be a very difficult situation with its individuals do not fully understand the effect of leaving assets in a certain form of title. Once they find out the day many times take whatever action is to modify that form of title which comes up as a surprise to the other party in the relationship. Sometimes it is as problematic to want to specifically deal with the problem before it arises that it is afterwards. That becomes a question as to the individuals themselves. Many lawyers will differ on their own thoughtsRe: this kind of situation.I have been practicing law in this legal area for over 30 years and understand your problem well. I practice in the S.F. Bay Area and if you wish to contact me call at 925-945-6000.