Legal Question in Real Estate Law in California

If your three are joint tenants, on his death his interest disappears and you and your sister are both equal owners of the property as joint tenants. If you are tenants in common [which you are unless the deed says joint], then his 1/3 passes either as provided in his Will or by the rules of intestacy if there is no Will his wife and son]. If his interest is community property, then his wife first takes 1/2 of the interest and then the other half is divided up.

Mr. Shers is right. You have to look at the deed to answer the question.

I agree. It depends on whether you are joint tenants or tenants in common. That information would be on the deed.

Rather than look at the deed, you are probably safer looking at recorded title at the county recorder's office. Sometimes a deed will set up initial ownweship as a joint tenancy, but they are fragile (in a legal sense) and easily severed, sometimes without the knowledge of the other joint tenant(s). Once severed, the co-owners are no longer joint tenants; they generally become tenants in common, and the right of survivorship disappears, allowing the former joint tenant to pass his share by will (or via his trust).