Legal Question in Real Estate Law in California

Re: property transfer from deceased spouse

I agree with Mr. Whipple. I would record an affidavit of the death of a joint tenant. You should speak to an estate planning attorney.

There is supposed to be a new deed out that puts your spouse on as joint tenant, but you can set it up so that if she leaves you in a divorce situation, it remains your separate property. I have not seen the deed on the street, but I do know that it was in a Legislative committee for discussion last year.

Very truly yours,

Re: property transfer from deceased spouse

You need a form called Affidavit of Death of Joint Tenant

Re: property transfer from deceased spouse

First do an affadavit of death of joint tenant. Then you can do deed to yourself and new spouse. I would recomend getting legal advice before you put into the name of the new spouse.

Re: property transfer from deceased spouse

For most couples, one of the other ways of holding title to real property is almost always better than joint tenancy. While joint tenancy does have the advantage of avoiding probate, that comes at a high tax cost and there are better ways to avoid probate that don't have the same unfavorable tax consequences. I suggest talking to a lawyer that does wills, trusts and estates and have a plan put together that takes into account the special facts of your situation (ages, children from prior marriages, possible future need for nursing home care, your tax brackets and the likelihood of a future sale after substantial appreciation, etc.).