Legal Question in Wills and Trusts in California
My father bought a California house as an unmarried man that I live in and my name is listed on the title jointly. He married in 2011 and his wife lives in Louisiana. He's now trying to refinance it. What is the best route he should take in order for her to not be able to claim it should he meet his demise? He's made it perfectly clear that he does not want her to have anything to do with the California house. I make all of the payments from my account.
2 Answers from Attorneys
If the property is help correctly in joint tenancy then it will pass to you as the surviving joint tenant by operation of law. However, she may still have claims as an omitted spouse if your father does not have a current will. Your father should have a current Will and he should meet with an attorney to make sure it is done correctly.
If your father lives in Louisiana he needs to consult with an attorney familiar with Louisiana laws regarding the potential claim his wife may have.
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