Legal Question in Wills and Trusts in California
Hi..my question...if three siblings are on a house deed (the house is paid off) and two of the siblings are dead does the property go to the surviving sibling?
1 Answer from Attorneys
Only if they held title as joint tenants. An attorney would need to look at the Deed to determine how you took title. I have a case now where 3 siblings inherited their mother's house through Probate and believed the Probate Distribution created a joint tenancy, but when my client tried to sell the property he was informed by the Title Co. that the deceased siblings each owned an undivided one-third interest and so we had to file Probates. Again, without examining the Deed, which I would be happy to do, it simply is not possible to know what your rights as the surviving sibling are,