Legal Question in Wills and Trusts in California

A man was the surviving spouse of a property held in joint tenancy in California. He filed the affidavit of death and became 100% owner of the property. He died 6 years after her death, without a will and neither had children. Does the property go to his heirs or does it get divided between the two families? It would help if somone could tell me what sections and codes to refer to. Thank you!


Asked on 4/21/10, 10:24 am

2 Answers from Attorneys
Jonathan Reich De Castro, West, Chodorow, Glickfeld & Nass, Inc.

The property should go to his heirs, subject to the laws of intestacy in California.

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Answered on 4/26/10, 10:58 am
Robert F. Cohen Law Office of Robert F. Cohen

The trick to this question is how title was held while the wife was alive. Since it was held in joint tenancy, upon the wife's death, title automatically passed to the husband, and the property became his alone.

If the property had been held in some other manner, then Probate Code �6402.5 could have applied.

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Answered on 4/26/10, 11:44 am


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