Legal Question in Wills and Trusts in California

life tenancy
Okay My grt. uncle dies in 1983 he leaves a will very legally sound, goes through the courts(pobate).
His live in girlfriend is given 100% life tenancy of his home, upon her death it is to go to my mother as her sole a seperate property. His girlfriend dies july 2007. My mother attempts to get the title in her name. SHe obtains a copy of the grant deed from the owners to my grt uncle and his girlfriend caught is it reads Woodrow Jenkins and Betty Jenkins, they are never legally married. his will reads he has never been married. So his girlfriend back in 1985 goes to the county recorder and does the process with an affidavit for death of joint tenant under Betty Jenkins.
Her neices file for petition to probate her estate to include the house. no notice to my mother , nor are we sure that they even have knowledge of my mother and Mr. Jenkins will. My mother stayed in contact with Bernice Williams aka Betty Jenkins up until she died. through the mail telephone a couple times per year. My mother honored the will for life tenancy, do the neices have a claim?

Asked on 2/14/08, 9:32 pm

2 Answers from Attorneys

Mitchell Roth MW Roth, Professional Law Corporation

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Re: life tenancy

If your great uncle and Betty Jenkins owned the house as joint tenants, the will had no effect on the house since upon his death, she owned the house, 100%. In that case your mom inherits nothing of the house. If the deed on the house was to them as "tenants in common" or simply to them without specifying either joint tenants or tendants in common, then they were tenants in common and your great uncle's 1/2 should have been transfered through the probate, to Betty as a life tenant, remainder to you mom.

Answered on 2/15/08, 1:52 pm

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