Legal Question in Real Estate Law in California
Grant Deed
My parents co-own their home with 2 single people, and it's stated on the Grant Deed as follows:
''John(25%), a single man and Mary(25%), a single woman as TENANTS IN COMMON and David and Susan (50%), husband and wife as JOINT TENANTS''
Q1: by putting the wordings like the above, where will David's and Susan's together 50% go if they die? will it automatically go to John or Mary since David and Susan hold the deed as JOINT TENANTS?
Q2: what about if they put it like this, ''John (25%), a single man and Mary (25%), a single woman, and David and Susan (50%), husband and wife, as TENANTS IN COMMON. Is this more appropriate if their intention is that each person will entitle 25% share of the property and they can have their own will to give their 25% to whoever they want when they die?
Or, if it's possible, can you tell me how to put the wordings precisely will generate the intention in Q2?
Thank you very much.
1 Answer from Attorneys
Re: Grant Deed
I have read your question but I don't see any reason whatsoever that you ever write to any answer to this question. You have not given any reason whatsoever that either of your parents are incompetent or do not know what they're doing or having a problem with the property. I have been in both real estate and estate planning law for over 30 years and 95% of my clients are the people whose names are on the deeds, or have a basic realistic interest in the estate and/or real estate. You're just the child and basically, you don't know if they're going to sell that property in the future and/or, died in possession of the property. So basically, I could have taken this time to answer your question but I'm just glad you basically tell you unless you can tell me why you ever write to know or what the problem is, ask your parents if they need in answer to the question.
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