Legal Question in Wills and Trusts in California

A Couple is listed as follows on their "Deed Of Trust": A married man as his sole and separate property AND an unmarried woman, as co-mortgagors. He eventually got a Divorce and they were married. They never updated the Deed. However, presently they are both deceased. Is the estate equally owned in its totality after their death. There is no will. The estate is currently worth over $2 million.


Asked on 3/20/23, 1:39 pm

1 Answer from Attorneys

A deed of trust is not a deed TO them. It is essentially a mortgage document granting a right to the lender to become the owner through foreclosure if the debt is not paid. It is impossible to do anything more than guess at what their ownership interests were or are from that document. It could be they acquired the property together, as a married man, sole and separate, and an unmarried woman, which would make them co-tenants in equal shares. Even if that is correct, which it may not be, unless they both died at the same time, such as in a car crash, what portions go to what estate depends on who died first. Without knowing what the original deed to him (and her?) says, and who died when, you can't even really start this analysis.

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Answered on 3/21/23, 10:01 am


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