Legal Question in Wills and Trusts in California

My sister and I are both listed on the title of a 2 unit house property. If I die, will my half of the property go to my sister or my next of kin, like wife, kids etc. I don't have a will.


Asked on 10/05/16, 1:59 pm

1 Answer from Attorneys

Michele Cusack Pollak & Cusack

I depends. If you are listed as "joint tenants" one the deed and one of you dies, the property goes to the survivor of you. If you hold title as "tenants in common" and you die, the property goes to your estate. If it's your separate property (which it is if you and your sister inherited it, with the caveat that if there is or was a mortgage and you made payments from your earnings during your marriage, your wife may have acquired some community property interest in the property) your intestate heirs are your wife and children and they would receive your 1/2 share after your estate was probated.

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Answered on 10/05/16, 2:07 pm


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