Legal Question in Wills and Trusts in California
will vs. title
My boyfriends Mom recently passed away. The property that they have both lived on, and payed property taxes for, is in joint tendency with his Father(who has not lived there for 40+ years, nor has he payed any taxes). We have found 2 ''wills'' written by his Mom requesting that my boyfriend is to get her half, but neither of them are notorized.
The question is, is he entitled to half of the property as requested in the will or does the Joint tenedency prevail?
1 Answer from Attorneys
Re: will vs. title
If the father is still living, he probably gets the property by right of survivorship. Joint tenancy property is not subject to the owners' Wills. The only way the mother could have left her 1/2 share to her son is if there was a valid severance of the joint tenancy while she was still living.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
