Legal Question in Wills and Trusts in California

Everything in joint tenancy, one spouse dies

all assets are held in joint tenancy and one spouse dies, what does the surviving spouse need to do?


Asked on 1/03/02, 10:22 pm

2 Answers from Attorneys

Mona Montgomery Mona Montgomery, Attorney at law

Re: Everything in joint tenancy, one spouse dies

You are in great shape. Go to the bank with a death certificate and have them tell you what to do: either close the joint accounts and open new ones in your name alone or change the name on the account. I would prefer that you open a new account. As for real estate, you take the death certificate to the County Recorder with some kind of Declaration and get that deed changed from the joint asset to one owner only.

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Answered on 1/03/02, 10:54 pm
Chris Johnson Christopher B. Johnson, Attorney at Law

Re: Everything in joint tenancy, one spouse dies

Real estate requires completing an Affidavit of Death of Joint Tenant, which is then filed with the county recorder. An attorney can prepare this for you, or you may be able to find the form at the library.

Bank/investment account procedures will vary, but should be fairly simple, and the bank will help you complete the paperwork.

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Answered on 1/04/02, 12:16 am


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