Shingletown, CA asked in Estate Planning and Real Estate Law for California

Q: If I have my name on the deed of the house and so does my grandma when my grandma passes away can my aunt take the home?

2 Lawyer Answers
James R. Dickinson
James R. Dickinson
Answered
  • San Bernardino, CA
  • Licensed in California

A: It would depend on how the home was held. If a property is held in joint tenancy, the decedent's share passes to the surviving joint tenant. This is known as the right of survivorship. If owners of the property hold title as tenants in common, then the decedent's share would pass in accordance with his or her estate plan, or if none, according to the law of intestacy. Speak with a local attorney. [I litigate cases. Anything posted here must not be construed as legal advice, nor as grounds for forming an attorney-client relationship. You should seek an attorney for formal legal advice and representation.]

Nina Whitehurst agrees with this answer

Howard E. Kane
PREMIUM
Howard E. Kane
Answered
  • Estate Planning Lawyer
  • Oakland, CA
  • Licensed in California

A: Greetings Shingletown,

I agree with attorney Dickinson's response. I would be happy to take a look at the existing deed. Feel free to take a picture or scan it and email it to me. Both you and your grandma may need further estate planning to prevent a big mess.

Best regards,

Howard

Nina Whitehurst agrees with this answer

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