Legal Question in Real Estate Law in California
Co-Tenant
I have a friend that has just lost his father a few days ago, he is an only child and all of his father's belongings should go to him. He found out that his father and grandfather purchased the house that is father lives in under a Co-tenant agreement, only the father lived in the house. Now his grandfather says he owns the house and that nothing can be done now. Is there anything that my friend can do to get what is rightfully his? specially since his father made all of the house payments.
2 Answers from Attorneys
Re: Co-Tenant
If the deed shows title in his father and grandfather as "joint tenants with right of survivorship," then the grandfather now owns the property. If the deed says "as tenants in common," then the father owned a percentage (presumably 50% unless the deed says otherwise) which would go to the father's heirs.
Re: Co-Tenant
Simply being the only child of a deceased person does not mean that the child receives everything that the deceased person owns, as the decedant could "will" it to whomever they desire. Also, regarding real estate, if there was a legal agreement or the appropriate deed, such as one in joint tenancy, the moment one joint tenant dies, the remaining joint tenants own the real property by operation of law. The situation may have been that the grandfather was the one who had the ability to obtain a loan, and/or advance the initial down payment in return for the father being able to reside there if he made the payments, etc. In any event, there is no law requiring a parent to leave anything to a child, and if they have nothing, then that leaves nothing. If an individual dies without a will, and they have assets, the law of intestate succession will allow their children or other surviving heirs to receive their property; if they have a will, and they have assets, then those assets go to whomever they have designated in their will; however, none of these facts appear to be the case here.