Legal Question in Real Estate Law in California

A friend bought a house with her husband but she paid half of her house from her own money. now she is dying of cancer can she make a will that half of the house goes to her daughter when she dies?


Asked on 5/14/14, 9:10 pm

2 Answers from Attorneys

William Christian Rodi Pollock

To respond, we need to know exactly what the deed to the home says. Is she still married? Is the home community property? Is the Husband living? Was her one half payment separate or community property?

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Answered on 5/14/14, 9:33 pm
Anthony Roach Law Office of Anthony A. Roach

She can make a will, but as Mr. Christian points out, there may be other problems. For example, if the property is held in joint tenancy, the will does not sever the joint tenancy and the husband would get her share if she died. The same would be true if the property was held as community property with right of survivorship. Your friend should speak to an estate planning attorney who can advise of the property way to do what she wants.

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Answered on 5/15/14, 6:18 am


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