Legal Question in Real Estate Law in California

Re: Death of Joint Tenancy Holder

You can of course retain a California attorney, preferably one who does a lot of estate administration work and whose office is located in the county seat of the county where the real property is situated. Since California real estate is frequently quite valuable in relation to attorney fees for what will probably turn out to be a simple, straightforward matter, that would be your wisest choice. Most counties have bar associations with referral services by legal specialty, and you can probably find their phone numbers on line or by calling information.

The deed itself should (let's hope!) be recorded in the permanent records of the County Recorder. Therefore, finding an original is not all that important. What might be more important is finding a will or trust, but if the property was truly in joint tenancy, those documents probably don't affect your rights as survivor.

Finally, three-party joint tenancies are possible, but somewhat unusual, especially when different generations are involved. The property very well may have been so held, but that's one of the first things your new California lawyer should determine for you, by examining the deed records of that county.

Re: Death of Joint Tenancy Holder

You should first determine if the purported deed was ever recorded. Contact a lawyer, realtor, title company, or SB county recorder for that information. That information will establish/confirm your present interest in the property. If indeed, you are on title, then title should pass to you automatically, and you don't need a lawyer to have the title or the attendant rights vest solely in your name. If you are not on title, or if there is additional real or personal property you belive should go to you, then, it appears from your description of the facts, you'll need to contact an experienced estate/probate attorney in the same city/county the property in located to assist you. Good luck.