QUESTION

How to take deceased person of house title

Asked on Mar 17th, 2015 on Wills and Probate - California
More details to this question:
My ex-husband and I owned house as joint tenants. His will left everything to me. He had very little estate, $2300.00, 11 year old car and household furnishings and clothes.
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1 ANSWER

Unless there was something in writing about the house, after divorce, the divorce likely caused a severance in the joint tenancy. See California probate code 5601.  If the will was written after divorce it may rebut this severance but it's a potential problem.  This means your ex-husband's half of the property may technically go to his next of kin. You should look into this to make sure you have good title as this could become a problem later on for you or your loved ones after you die.  To clarify, his will, if done during marriage is invalid as to gifts to you. That's why I indicate the issue of when the will is written is really a big deal. You have a bit of a loaded case I believe. I encourage you to find an experienced probate attorney to walk through the case with. Good luck. -John
Answered on Mar 24th, 2015 at 8:46 AM

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