Legal Question in Wills and Trusts in California

It is a bit alarming that the title company is providing legal advice.

Your answer cannot be answered without first reviewing the current deed on the property.

You should schedule an appointment with a local estate planning or real estate attorney for advice after the attorney has had a chance to look at how title is currently held.

Joint tenancy is a form of co-ownership where the deceased person's share transfers to the survivor. Thus, as a joint tenant, you are a co-owner. If your mother dies first, you become the sole owner. Your sisters will have no ownership rights. If you die first, your mother becomes the sole owner. Your family, at least temporarily, will then have no ownership rights. Your mother, and to a lesser extent you, will have to decide whether this all or nothing approach is what you want.

I strongly advise your mother and you to seek counsel to determine if there are better ways to achieve your goals.

Sincerely,

Kai H. Wessels, Esq.

(408) 268-2580

I agree completely with Mr. Wessels. While this may seem a simple question, it has substantial estate planning and tax implications. In fact you already created a potential ticking tax time bomb when you took title to the house in any form with your mother, unless you paid for half of it. A few hundred dollars in legal fees to get some advice from an attorney who has all the facts and documents in front of him or her will likely save you ten times that down the road in taxes at least, and possibly probate expenses, when your mother passes.