Legal Question in Wills and Trusts in California

Contesting Joint Tenancy

What are chances of contesting a joint tenancy as opposed to a last will and testament request?


Asked on 12/17/03, 6:07 pm

4 Answers from Attorneys

H.M. Torrey The Law Offices of H.M. Torrey

Re: Contesting Joint Tenancy

your question is a bit too general. we would need further clarification of your facts. if you would like a free phone consultation, email us today with your contact information.

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Answered on 12/17/03, 6:19 pm
Michael Olden Law Offices of Michael A. Olden

Re: Contesting Joint Tenancy

depending on the facts slim to none, but some tines, some tims and the right judge a slim mayby -- could i be anymore frustrating and jellyfish in my answer. i have been practicing law in this speciality for over 30 years in the san francisco bay area and if you wish to consult with me you can contact me at 925-945-6000.

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Answered on 12/17/03, 6:20 pm
Scott Schomer Schomer Law Group

Re: Contesting Joint Tenancy

It is possible, but it depends on the circumstances. If someone committed fraud to become a joint tenant, you may have a claim. You could also attack the tenancy on the basis of lack of capacity or undue influence. Find an attorney familiar with real estate and probate litigation located near the disputed property.

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Answered on 12/17/03, 6:24 pm
Ken Koenen Koenen & Tokunaga, P.C.

Re: Contesting Joint Tenancy

Generally, joint tenancy will normally be VERY difficult to overcome. There would be a requirement that you show that fraud or undue influence was involved. Also, don't confuse joint tenancy with tenants in common.

Let me know if I can hel, as I practice in real estate and probate.

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Answered on 12/17/03, 6:31 pm


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