Legal Question in Real Estate Law in California

Re: Inheritance

If it is joint tenancy, then your daughter will get nothing. You will need to change deed and make sure you have proper will and or trust.

Re: Inheritance

It sounds like you have a joint tenancy. You can destroy the joint tenancy by recording a deed which . An attorney can do this for you cheaply.

Re: Inheritance

What Mr. Selik means is that if you die first your boyfriend gets all the property and your daughter is not entitled to anything unless he names her in his Will or Trust. If he dies first you get the entire property which will then pass according to the Trust you set up or your Will if the property is not in a trust. Probably the best way to ensure your daughter getting your half is to convert it into tenants in common and have a Trust and/or Will providing for her to get it. Another way would be to have him marry you and adopt your daughter ass his own [not as sure cut as first method]. Is there any advantage to you not to be married?

Re: Inheritance

The arrangement you've described in a joint tenancy. That's the one where the surviving co-owner becomes the full owner.

What you probably want, however, is to hold the property as tenants in common. Converting a joint tenancy to a tenancy in common is easy and doesn't require the permission, co-operation or even the knowledge of the other owner, but of course in an intimate relationship you don't want to be sneaky.

The procedure is outlined in Civil Code section 683.2(a)(2) and any real estate lawyer can do it for you and it should be quite cheap. As an alternative, you could set up a living trust and put your half interest in the trust, naming your daughter as beneficiary and successor trustee. Transferring your half interest to the trust would sever the joint tenancy. Have an estate-planning lawyer do this. Whichever way you do it, be sure the instrument used is promptly recorded in the county where the property is situated.

Re: Inheritance

Mr. Whipple is correct. You are in joint tenancy, and you can unilaterally sever the joint tenancy. I would follow his advice and speak to an estate planning specialist to make sure it is taken care of properly.

Very truly yours,