Legal Question in Wills and Trusts in California
Probate
My mother recently passed. She signed the house title as tenants in common with the meaning of joint tenants. All of my siblings agree that--name removed--continue to take care of the estate as--name removed--have been. What can we do to prevent probate case?
1 Answer from Attorneys
Re: Probate
I do not totally understand your question but what I think you are saying is the deed says "as tenants in common" but she intended to make it "as joint tenants?" If the decedent's share is under $100k in value then a mini probate may be possible. Another possible option, depending upon the facts, is doing a PC 850 petition based on the intent to create a joint tenancy. It's possible but a long shot and it's still a probate Court action. If over $100k then full probate.
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