Garden Grove, CA asked in Estate Planning for California

Q: I think my husband blew it and messed up his deceased mom's house deed he shares with his brother....

So the house was in a trust and transferred to my husband and his brother. Right now my brother in laws wifes daughter and husband rent it, basically covering the remaining mortgage. My husband wants to leave his half to our kids. I caught sight of the dead and it seems they are joint tenants. Is it true even if my husband makes a living trust, putting his half in it to pass to our kids, that it will instead pass to his brother? My husband has invested some repair money into it thinking someday it would be sold after he dies half of it will go to our kids but I think not. Any way to correct this error?

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2 Lawyer Answers
Nina Whitehurst
PREMIUM
Nina Whitehurst
Answered
  • Estate Planning Lawyer
  • Crossville, TN
  • Licensed in California

A: There are ways to break the joint tenancy, yes. Your estate planning attorney should be able to help you with this.

1 user found this answer helpful

Julie King
Julie King
Answered
  • Estate Planning Lawyer
  • Monterey, CA
  • Licensed in California

A: You asked some good questions! If your husband puts his half into your trust, the trust will control what happens to that half of the property because the joint tenancy will be severed. If you don’t already have a trust, you should get one ASAP just to be safe. Otherwise, your brother-in-law would get the entire property on your husband’s passing. Best wishes!

1 user found this answer helpful

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