Legal Question in Wills and Trusts in California
My wife, myself and my aunt have title together on two houses in one lot. Can either of us will our part of the title to an outsider? or does the title remain for the surviving 2 if one passes?
4 Answers from Attorneys
It depends on how title is held. If it is joint tenancy, nothing you do in a will can change that. If it is tenants in common, you can leave your share to whomever you wish, with community property considerations.
It depends on whether you hold title as joint tenants (right of survivorship) or tenants in common (no right of survivorship)
If you hold title as joint tenants, you would have to sever the joint tenancy before making a provision in a will for someone else to inherit.
And you sever a joint tenancy by deeding the property back to yourselves as tenants in common.
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