QUESTION

Can one be made a joint tenant without their knowledge to avoid probate?

Asked on Apr 20th, 2015 on Real Estate - California
More details to this question:
Before my father's death he stated I was his beneficiary but did'nt give any details, so I didn't take it seriously. After his death relative asks suspicious qts: "do I have birth certificate"; " have something for me but don't know if they should give it to me now or wait until they're dead". I believe they've may have done a joint tenancy or something to avoid probate and my finding out, as we did not live in the same state. Since then, the sale of that relatives home appears on my Credit Report, they move to another state closer to me, and I start receiving mail and flyers from Companies who obviously think I have money. Therefore I think that somehow they've connected my name to theirs. How do I find out if I've been made a joint tenant, what Agency would I contact?
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1 ANSWER

Real Estate Attorney serving Oakland, CA at Sack Rosendin LLP
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I would contact the customer service desk at a title company where your father's house was and ask them to send you the deeds from when he bought the property until now. They'll need the address and his full name. Yes, this sounds very suspicious. If the home went through probate, you should have received notices of all the hearings and proceedings. And nothing should have shown up on your credit report. That is really suspicious. If you appreciate this free advice, please remember to refer me to any friends or acquaintances who need a lawyer. Referrals are still our best source of new business. Do you have a revocable living trust to protect your heirs against probate? Probate takes forever, is expensive, and is annoying. Do your family a favor. Set up a trust, and put all your property, especially any real property, into the trust. Since it is revocable, you can change it, add to it, take property out of it, or even cancel it completely, at any time. We set up such trusts, provide a pour-over will as a back-up for any property that does not make it into the trust, provide you with blank durable powers of attorney for health care and financial decisions, in case you become incapable of making such decisions while still alive, and convey one piece of real property to the trust, usually the family home, for $1500.00. If you would like to hire me to do this, let me know, and I'll send you a list of the information I need. Dana Sack  
Answered on Apr 20th, 2015 at 2:10 PM

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