Legal Question in Wills and Trusts in California
Father Dies & Deed List One Child Name Only
My father passed away. He has no will. My mother passed away years ago. My father was re-married. My father owned a house and my oldest brother is on the deed. They have joint tenancy. Now that my father is gone what can the rest of the children do to prevent the oldest from selling and kicking us all out. Can any of us fight to have joint ownership of the house? Can we file to own our fathers half?
1 Answer from Attorneys
Re: Father Dies & Deed List One Child Name Only
If the house is held in joint tenancy, you are out of luck unless you can prove that your father was coerced into signing the deed or that your brother exerted undue influence or some other very limited factors that are extremely difficult to prove.
So, yes, the surviving joint tenant (your brother) can throw you out if he chooses to do so. He legally owns the house and does not have to share either the house or any money he receives from its sale with anyone else.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
