Legal Question in Wills and Trusts in California
MY mother's home mortgage was paid-off before she died. The family learned of a second mortgage on her house which bought my sister's mobile home. The mortgage is in my mother's name, but my sister has always made the payments. For purposes of inheritances of my mother's house, I need to know who legally owns the mobile home. If my sister's name is on the title, I assume my sister owns the mobile home. Likewise if my mother's name is on title???? What if both names are on title?
1 Answer from Attorneys
Yes, if your sister (or whomever) is the property's titled owner, she is the beneficial owner of the mobile home. Evid C ?662.
If both names are on title this makes a huge difference.
For example, the interest in property titled as "joint tenancy" automatically flows to the surviving joint tenant by operation of law and therefore does not require probate, provided one joint tenant survives the other joint tenant. CC ?683.
Whereas the interest in property titled as "tenants in common" does not automatically flow to the surviving tenant upon the death of the co-tenant, thus it is most likely that probate would be required unless the tenant in common interest was held in a trust. CC ?685
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