Legal Question in Real Estate Law in California

What if my father passed away and my brother and sister are owners on the title with my father. Are me and my other siblings entitled to the property if there is a will?


Asked on 8/13/09, 7:09 pm

2 Answers from Attorneys

Terry A. Nelson Nelson & Lawless

If some siblings were on title as 'joint tenants', they become the owners after death of the father. If there is a will, it determines the split of other assets, as long as it isn't challenged for fraud or for leaving you out entirely without mention. You can raise a claim in the probate proceeding if you are left out of distribution of property. Feel free to contact me if serious about getting legal help in this.

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Answered on 8/13/09, 7:22 pm
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

It depends upon how title was held just prior to your father's passing.

A joint tenant's interest cannot be passed along to his or her heirs. Such an interest disappears and the interest of the other joint tenant(s) increases accordingly.

Three-person joint tenancies are rather uncommon, but do exist. However, when a father and his son and his daughter are all three "on title," there is a fair possibility that this WAS indeed a three-way joint tenancy, 1/3-1/3/-1/3, and if so, it became a two-way joint tenancy upon your father's death, 1/2-1/2. The other siblings, including you, would not be able to inherit any interest in the property, whether there is a will or not. You may, of course, inherit other property, but not the joint-tenancy property.

If the property were held some other way, e.g. by tenancy in common, the interest of a deceasing co-owner would pass to his or her heirs. If there is a valid will or trust, it passes according to the terms thereof. In the absence of a will or trust, the property or interests therein will pass to the close relatives according to a pecking order established by law.

A quick check at the recorder's office will allow you to determine how title was held, with reasonable accuracy. Joint tenancies are somewhat fragile, and certain events can destroy the joint tenancy and create a tenancy in common. If in doubt, consult a real estate or probate lawyer.

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Answered on 8/13/09, 7:55 pm


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