Q: My elderly father owns a property with my brother as joint tenants but he would like to leave my sister and I his share.
Could he sever the joint tenancy without my brother’s permission and change it to tenants in common? Also would he need a living trust to avoid probate and to designate my sister and I as his beneficiaries? Would that avoid due on sale clause since its a living trust? He and my brother are on the mortgage agreement. Are there any lawyers that speak cantonese and english? Free consultations would be helpful since he’s currently on social security.
A: I do not speak Cantonese but the answers to your other questions are yes, these things can be done. However, they are not do it yourself projects. You are well advised to hire an attorney to assist you with this
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A: If the deed is with right of survivorship, it must be redrawn to give you a share, and signed by your brother and father.
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