Q: Required steps in CA to get property titled correctly so deceased share goes to other co-owner
My aunt and I are co owners on our inherited family home. I received my 50% about 8 years after my mother's death via simple probate here in Sacramento, California. My aunt had no children and when either of us die we told the title company which helped us sell the acerage that we wanted that way. The sold property was written correctly (j.doe an unmarried woman)Checking out the deeds and I saw that it is just plain wording which I believe means tenant in common? Our problem lies within the fact that we are both married but feel the house should remain within blood family. Her husband would absolutely refuse to sign off on anything just to make our lives more difficult. He has very minimal income so doesn't make improvement on the home. Would title company possibly be able to fix this or do we need a lawyer.? Or if he won't sign off and something happens to both them do I have to fight his kids for our family home? Thank you
A:
It is possible for the two of you to sign a deed transferring the property to yourselves as joint tenants with right of survivorship. When one of you dies, the other becomes the sole owner. Keep in mind, however, that this can backfire. If YOU die first, then your aunt will become the sole owner, and when she dies the property will go to her heirs.
Or you could both sign a transfer on death deed leaving the property to whomever you both want to be the eventual owners after you both die.
Or you could each transfer your respective shares to your respective trusts.
As you can see, there are many possible solutions, and they all have pros and cons. Your best bet is to hire an estate planning attorney to help you with this. After all, that IS what you are trying to do, plan for transition upon death.
Yelena Gurevich , Robert P. Taylor and Julie King agree with this answer
A:
In California, you may need to consult an attorney to address the situation. If your goal is to ensure that your aunt's share of the property goes to you or your blood relatives upon her passing, you might consider creating a joint tenancy with right of survivorship or a revocable living trust. A title company could assist to a certain extent, but due to the complexity of your circumstances, consulting with a lawyer is recommended to ensure your intentions are legally protected and properly documented.
Sincerely,
James L. Arrasmith
Founding Attorney and Chief Lawyer of The Law Offices of James L. Arrasmith
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