Legal Question in Wills and Trusts in California
Co tenancy heirs???
My father purchased a house in Huntington Beach Ca. He put my grandmother on as co tenent at that time. A few years later he got married. He then took my grandmother off as co tenent and put his wife on as co tenent. Through out there marriage she was unemployed. She then passed away. My father passed away August 14, 2003. His wife passed away 5 years before him. I am now the executor of my dads estate. I am trying to find out if my fathers wife's children are entitled to my dads estate. My probate lawyer seems to think that since my dad owned the house first and then put her on as co tenent years later that it would be solely his heirs. Again, she passed away 5 years before him. Are my fathers wife's kids due part of my fathers estate? ( he had no will)...
3 Answers from Attorneys
Re: Co tenancy heirs???
Perhaps you should consider retaining new counsel. The answer to your question largely depends on how the parties held title to the property. If the late wife was on the house as a joint tenant, then all of her interest went to your father at her death and is not part of her probate estate. If she held title as a tenant in common, someone will have to open a separate probate for her interest in the house.
Re: Co tenancy heirs???
In order to answer your question, I need to know what you mean by "co tenant". Do you mean joint tenant? tenants in common? or something else. This will affect whether the wife's children have an interest in the estate.
If I can be of further assistance, please contact me at my office and I would be glad to help.
Re: Co tenancy heirs???
If your dad and wife were joint tenants and he survived, only his heirs will succeed to the property. If they were tenants in common, then 1/2 is in your dad's estate, and 1/2 would have been in hers, in which case, you will have to find out if she had a will or not. You will need to probate both estates if they were tenants in common.
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