Legal Question in Wills and Trusts in California
Joint Tenancy/Care of Retarded Adult Son
I keep getting this returned because of ''WRONG STATE''.
I live in Colorado, but I need the answer for laws in California. Please explain what ''WRONG STATE'' means.
My mother passed away and had a will stating that her 1/2 of the value of my parents house in Calif. was to go to the children. In Calif., a community property state, if house is deeded joint tenancy, does it automatically go to surviving spouse. My parents lived in that house since 1968 til present, and my mother always assumed since Ca. was community property state she could will her half to her children. Our father has always hated his children and his wife - but stuck with our mom because he knew if there was a divorce he would lose half the house.
Other extenuating circumstances - my father is a pedafile and has molested family members.
Question on retarded brother, I now have care of my brother in Colorado, Can I sue my father in Calif. to pay adult support of his son -- since he and my mother both signed a contract when he came to live with me.
4 Answers from Attorneys
Re: Joint Tenancy/Care of Retarded Adult Son
You need to direct this question to an attorney in California who is experienced with probate litigation.
Your question involves a complicated and convoluted fact pattern that requires the advice of counsel, not the internet.
Re: Joint Tenancy/Care of Retarded Adult Son
Even though joint tenancy property in California which is a community property state avoids probate allows the property to go to the other joint tenants automatically this can be questioned involving the probate of the estate. If there is a will the estate should be probated and even though there is joint tenancy property and attorney who knows what they're doing may, I said may, be able to show under certain circumstances with the correct evidence that the joint tenancy was misunderstood and not intended by your mother. All the other stuff regarding your father for the most part does not enter into a probate. They were married, she died, they were married, ergo community property rights. As to your brother parents do not have any requirements in California to support their adult children. If you wish to contact me and consult with me in regard to this matter I am in northern California, the San Francisco Bay Area at 925 -- 945 -- 6000.
Re: Joint Tenancy/Care of Retarded Adult Son
I'm sorry to say that joint tenancy is one of the tools that automatically avoids probate. Thus the will, despite making reference to the house, would not control the dispute. Her estate may be able to challenge the transaction on the basis that it was a mistake of fact or, if the will was attorney prepared, you may have a claim against the drafting attorney.
With respect to the support claim, adults are usually not responsible for supporting adults. Your contract may be enforcable, but I can't tell without reviewing it. You should submit the same question to a family law attorney, as experts in this area may have a different response.
Feel free to contact our office if we can be of assistance.
Re: Joint Tenancy/Care of Retarded Adult Son
I cannot answer this without review of your documents including exact date of purchase and the nature of original title etc. Please hire an attorney your issues are not simple
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
