Legal Question in Wills and Trusts in California

A house is in 3 siblings name. What happens when one dies, do their heirs now become part owners


Asked on 7/03/17, 3:47 pm

2 Answers from Attorneys

Michele Cusack Pollak & Cusack

Take a look at the deed. It depends on how title is held. If you are joint tenants, the interest of a deceased owner passes to the survivor's. If you hold title as tenants in common, the deceased owner's share will pass to his heirs (via will, trust or intestacy.)

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Answered on 7/03/17, 4:08 pm
Kai Wessels Kai H. Wessels

I agree with the above answer, with the addition that if it is held in tenants in common, then you will most likely have to go through probate, while if it is held in joint tenancy, you can have title transfer through a Death of Joint Tenant Affidavit that needs to be recorded with the county recorder's office. There are of course exceptions to the above. I strongly advise that you contact an attorney to make sure that title is properly transferred.

Feel free to contact me if you desire further assistance.

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Answered on 7/04/17, 10:16 am


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