Legal Question in Wills and Trusts in California
No Will
My Dad died with no will, he owned a 1/3 of a mobile home in California. Would his 1/3 be lost after death to the other's who are on the title? Or would it be split with the children. Or would the people that are on the trailer have to buy the childern out?
3 Answers from Attorneys
Re: No Will
If he held it as a joint tenant with the others on title, his interest goes to the other titleholders at his death. If he held it as a tenant-in-common, his intestate heirs (his children) would inherit his share, and could negotiate a buyout from the other titleholders.
Re: No Will
It depends on how the title is being held. Either as Joint Tenants or Tenants in Common.
This is the critical difference for your situation.
Additionally, look to see if there were business agreements between the partners as to remainders and passing of ownership.
Please feel free to contact me directly at the email provided by LawGuru or through our firm's site at PasadenaEstatePlanning.com.
Re: No Will
It depends how title was held. If joint tenancy with right of survivorship the other owners get your dad's share. If tenants in common, your dad's 1/3 passes to his intestate heirs.
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