Legal Question in Wills and Trusts in California

Severing joint tenancy

My boyfriend of 18 years and I purchased a home in 1994 and it was held in joint tenancy until last year. He became sick and we both had estate documents prepared. Our 50% interest in home was transferred into each of our trusts with each receiving the others 50% interest at death. The son is contesting trust and saying his dad was incompetent so he can somehow get 1/2 of house. What will happen to house if trust is found invalid? Would joint tenancy resurrect for both parties? Or would it revert to tenants in common? I would not have put my 1/2 into trust if he had not and severed joint tenancy if I had a clue that this would happen.


Asked on 7/17/06, 10:17 pm

1 Answer from Attorneys
Matthew Mickelson Law Offices of Matthew C. Mickelson

Re: Severing joint tenancy

You have a somewhat complicated issue. It may be true that the joint tenancy was severed upon the transfer to the trust, and that any finding that the trust is invalid will make it revert to a tenancy in common, but that will depend on several factors. If the son has sued or threatened to sue over this, you will need some legal counsel quickly. Feel free to contact me if you need help.

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Answered on 7/18/06, 2:07 pm


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