Legal Question in Wills and Trusts in California
In tenancy in common, husband, wife and son as owners of a purchased home. The wife dies and does not leave any will, can the surviving husband grant full ownership rights of the property to the son by written will?
3 Answers from Attorneys
Yes, but the wife's estate must be probated intestate, so that the husband's share of her estate enters his estate to pass by will.
Tenancy in common has no significance as to property passing by probate. You have not stated whether their are other children, was the parents' interest community or separate property, etc. Assuming it was community property, on your mother's death her community property passes to your father and one half of her private property goes to him and the other half to you if you are the only child. In that case, when your father dies, his portion of the home [whatever he owned before your mother's death plus whatever he inherited from her] passes, after probate, to whomever he names in his Will. I can not tell if that is the information you wanted or not as you question is incomplete as to facts.
I would have your dad file a spousal property petition, get the title in his name alone as surviving spouse, then transfer title back to himself as trustee of his own living trust with you as the beneficiary.