Legal Question in Wills and Trusts in California

joint tenacy

hi my grandfather died in 2004 he had 2 houses and land he was married and put both houses and land in his and his wife name. my grandfather had 1 son which was my father he passed away in 1995. my stepmother died in 2005 my father was not her son. my stepgrandmother had a son that wasnt my grandfather child. all 3 properties was listed as joint tenacy. my stepgrandmother left a living will which listed my my sister in the will it do not say what she is intitled to. my stepgranmother son is now living in the home. and will not answer any question to our request to probate the will. the son has a unrecorded deed to the properties he tried to have the house changed over to his name but the county clerk office in ca would not do it. i wanted to know if im intitled to my grandfather part of the houses being my father passed away.


Asked on 5/30/08, 5:28 pm

1 Answer from Attorneys
Mitchell Roth MW Roth, Professional Law Corporation

Re: joint tenacy

If there was no will that can be proved up in probate, then no, you do not inherit from your stepmother. If there was a will, it depends upon the terms of the will and the will has to be "proved up" in probate.

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Answered on 5/31/08, 9:20 pm


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