Legal Question in Wills and Trusts in California

Yes, you can will your half of the house to your daughter. Assuming that you die first, your daughter would then own the property as a tenant in common with your son, albeit after your interest is transferred to her through the probate process.

Both tenants in common have the right to occupy the property, so your son would have no right to have her evicted if she was living there when you passed away.

If the property is encumbered, she would inherit your share subject to the encumbrance, meaning she would have to continue the monthly payments, and could not assume the actual loan unless the lender consented.

She would also have tax issues, and you may want to consult with an estate planning attorney in depth.

Mr. Roach's analysis and advice is spot on. You should call Mr. Roach to discuss a comprehensive estate plan to achieve your goals and minimize expense.

Can you do what you describe? Yes. Is it the best structure? It depends on your personal and factual circumstances. Should you title the property in your daughters name and rent your one half? Depends on tax rates and other income. What about you taking title and renting her a room? Should you consider joint tenancy to avoid probate? It may be less costly. Are you worried about your daughters potential liabilities and the fact that a judgement creditor might becometyour new co tenant (or a bankruptcy receiver)? There are lots of considerations , and your scenario is only one of the possibilities.