Legal Question in Real Estate Law in California
Death w/Property titled JTWROS
Can property title JTWROS become part of a deceased persons estate if one survivor is still alive?
2 Answers from Attorneys
Re: Death w/Property titled JTWROS
No, generally. However, there are certainly exceptions (as is always the case.
Without knowing more ... I can offer a POSSIBLE example:
1-If the deceased person had some guardianship/conservatorship over the surviving joint tenant; then there's a possibilty (at least for a short time until legal/court action occurs that the deceased joint's estate may assume such duties thru the adminstrator/executor/trustor POSSIBLY!
2-perhaps through a contractual agreement between joint tenants-POSSIBLY!
As a general rule though, the deceased joint's portion vests in the survivor upon death.
SEEK OUT CONSULTATION WITH AN ATTORNEY FAMILIAR WITH PROPERTY AND PROBATE ISSUES
Thanks.
QSimms
Re: Death w/Property titled JTWROS
No.