Legal Question in Wills and Trusts in California

Re: Real Property vs. Joint Account

Disclaimer: The materials provided below are informational and should not be relied upon as legal advice.

I am sorry for your loss. How long ago did your mother pass away? If she died without an estate plan (will or living trust) and shd left behind real property, you need to open a probate case and let the judge decide how the debts will be paid and how the properties will be divided. You should consult your own attorney to protect your legal rights.

Re: Real Property vs. Joint Account

I don't have enough information to be sure, but it doesn't sound like it. If the bank account was in joint tenancy, it is yours by right of survivorship and is not part of your mother's estate. You and your sister (if you are the only 2 children) are equal intestate heirs of the estate under the laws of intestacy, so if your sister gets the house, you are entitled to 1/2 of the equity. If you have been appointed Administrator of the estate by the probate court, you can choose to sell the property (you may need permission from the court) or to distributed it outright to yourself and your sister in equal shares as tenants in common. Or, if you sister is willing to buy you out, you can distribute it to her only. It would be a good idea to consult an attorney to help you with this situation. In the meantime, do not let her move in.

Re: Real Property vs. Joint Account

Without a plan to pay rent or expenses that's written and agreed to, I wouldn't let her move in. You can agree to assign or sell your interest in your mother's estate to her, but have an attorney review the estate and assets before you agree to anything.

If the bank account was in joint tenancy, it will pass to the surviving joint tenants without probate.