Legal Question in Real Estate Law in California

if a husband and wife owns property in join tenancy and one spouse dies, the remaining spouse quit claim deed the property to one of the children, can the remaining children contest the quit deed transfer


Asked on 8/27/12, 10:13 pm

1 Answer from Attorneys

Not unless there are other facts and issues involved. HOWEVER, making ANY deed to a child while you are alive is a really foolish move for a LOT of reasons. It will almost certainly cost a significant amount of money in taxes that would not have to be paid if the property is handled differently. If the person giving the property away is elderly there are also possible issues of elder financial abuse, and if the person receiving the property has any kind of conservatorship or power of attorney, it raises major legal issues.

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Answered on 8/28/12, 12:44 am


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