Legal Question in Wills and Trusts in California

You should read the Nolo Press book on living together non-married relationships. If one of you promised to support the other for the rest of their life, you may have a Michele -Lee Marvin alimony situation. Having a Will is not a good way to do estate planning [goes to your children if no wife], but is still much better than no Will [everything gets sold and cash split up equally] where all children are treated equally even though they did not equally treat you. If you have little in the way of property, a simple Will or trust that you can prepare costs very little until you die. In joint tenancy, the property is owned like a pie, with each owner having a right to the entire pie; when one person dies, he withdraws from that ownership so it appears that there is one fewer owner.

I would suggest at least speaking to an estate planning lawyer, to make sure you get what you want. The hallmark of a joint tenancy is what is known as the right of survivorship. The surviving joint tenant owns the whole, without necessity of going to probate court. To clear title, all that has to be recorded is an affidavit of death of joint tenant, with a copy of the death certificate attached. Your assessment on the differences between joint tenancy and tenancy in common is correct.

It depends on where you want it to go on death. As TIC's you are right, the 1/2 interest goes to heirs, and there would not only still have to be a probate, but it would be a lot more complicated and expensive than if there was just a simple will. So it would go to the kids, if they are the legal next of kin, at great expense. If the two of you record a deed from yourselves as TIC's to yourselves as "joint tenants." Then the decedent's 1/2 interest will go to the survior upon filing the document Mr. Roach described. The problem there is that the kids of the first to die get nothing and the kids of the second to die get it all. But if that's the way you want it to be, then the joint tenants deed is the way to go.