Legal Question in Wills and Trusts in California

Re: Will vs. Joint Tenancy

from the facts given, a single property held in joint tenancy usurps a devise of real property bequested in a will. the legality of a joint tenancy is that the survivor gets full undivided interest in rights to the real property at issue upon the death of the other joint tenant(s). thus, the legal effect of the will devise to you and the other relatives regarding this real property at issue would be zero unfortunately. unless there are other properties at issue here that do not have the strict legal guidelines of a joint tenancy, perhaps a tenancy in common per se, this particular property would be the sole possession now of the surviving joint tenant. we wish we had better news for you. however, if you have additional facts, etc...feel free to contact us directly.

Re: Will vs. Joint Tenancy

Joint tenancy has the unique character of providing right of survivorship for the survivor. Whoever is on title as joint tenant takes the property in total, despite what a will might say.

If the aunt was in a fiduciary relationship, such as an attorney or a realtor who orchustrated a change in ownership for her own benefit, you may have an action for fraud. That is a tough case to prove. Good luck.

Re: Will vs. Joint Tenancy

Yes, but in this is a very big but, yet approved the time that he entered into the joint tenancy account she had no idea what she was doing, did not understand what the joint tenancy ment war was unduly influenced in some way so that the deed, not a deed of trust, should not have the effect of that form of title. Half or of title does not have to be probated an essentially avoids any dispositions in the will unless you can prove otherwise. You must have specific evidence is the burden of proof is on new to show all the factors necessary to avoid the effect of the deed. Their many other questions since I don't know when the deed was made, the date the will was made, how soon after she died, and numbers of other factors.i have been practicing law in this speciality for over 30 years in the san francisco bay area and if you wish to consult with me you can contact me at 925-945-6000.