Northridge, CA asked in Real Estate Law, Estate Planning and Probate for California

Q: parents bought a property joint tenants, parents divorced, dad rec'd property, never changed deed, died, does mom get it

1 Lawyer Answer
Joshua D. Brysk
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  • Estate Planning Lawyer
  • Pleasanton, CA
  • Licensed in California

A: We'll start with the deed. With the joint tenancy, when Dad dies, the survivor (Mom) gets the property. However, if Dad received an order or judgment in the divorce which said the property will be solely his, that should be enforced to reform the title [removing Mom]. Now who gets it? It passes through Dad's estate or testamentary trust. If Mom is disputing title, it could be resolved by going to family court and/or probate court.

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