Legal Question in Wills and Trusts in California

Both Grandparnts are passed away they had joint tentancy. I would like to take owner ship of the property who do I get started and will I have to probate the property?


Asked on 9/30/10, 4:07 pm

2 Answers from Attorneys

Eliz. C. A. Johnson Eliz. C. A. Johnson

What is your relationship to the grandparents? Are you a grandchild? Is there a will? Where is the property? Joint tenancy affects title between them but unless you or someone other than they were a joint tenant, usually there will need to be a probate of the property.

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Answered on 10/05/10, 4:14 pm
Anthony Roach Law Office of Anthony A. Roach

If you were a surviving joint tenant, you would not have to go through probate. You would just record an affidavit of death of joint tenant for them.

If they were the only ones who were joint tenants, and both are dead, then you are going to have to go through probate. You are going to need to gather relevant documents, such as wills, trusts, documents evidencing title, and take them to a probate attorney.

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Answered on 10/05/10, 4:33 pm


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