Legal Question in Wills and Trusts in California

The home is yours. Tell her kids to go pound sand. And get a will already. You're not immortal.

Generally, a Joint Tenancy creates a Right of Survivorship. This right provides that if any one of the joint tenants dies, the remainder of the property is transferred to the survivors. Therefore, in this case if you do indeed have a Joint Tenancy with your late husband, the property should transfer to you alone and the children should have no interest in the property.

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First off, since no one else will say it. I'm sorry for your loss, and more so that it's brought you troubles. As for your question: If you took title as joint tenants while married, Mr. Stone and Mr. Betinol are correct (well except Mr. Betinol's misreading of your question resulting in thinking you are a widow, rather than a widower). It gets a little more complicated if you took title as joint tenants prior to marriage. If that was the case, let me know and I'll give you the long story. Assuming you took title while married, you are entitled to free and clear title to the property, but it is not as automatic as the other attorneys seem to think. You need to prepare and record an affidavit of death of joint tenant and record it with a certified copy of the death certificate attached. That will convert record title to be held by you as your sole and separate property.

I'm sorry for your loss. You own the entire home by right of survivorship. It passes outside of probate, and Mr. Andersen't analysis is unnecessary. To keep title clear, you will need to record an affidavit of the death of joint tenant. I hope that the 32 years were good ones.