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LegalGems
LegalGems, Attorney
Category: Estate Law
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Experience:  Private Practice; Elder Law Attorney; Estate Planning; Attorney Mentor
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If my wife and I bought a peice of property and it is

Customer Question

If my wife and I bought a peice of property and it is considered community property, then later on added my grandmother to the deed, when my grandmother passes away does the property become my wife and I property again or will we have to worry about things like probate?
Submitted: 10 months ago.
Category: Estate Law
Expert:  LegalGems replied 10 months ago.

How would the grandmother's name be added to the deed? For example, joint tenancy with right of survivorship?

Customer: replied 10 months ago.
when we added it there was none of that information put in the documents
Expert:  LegalGems replied 10 months ago.

So it was tenancy in common?

Expert:  LegalGems replied 10 months ago.

The reason I'm asking is because it impacts probate.

Customer: replied 10 months ago.
I would assume it is still a community property
Customer: replied 10 months ago.
we did a quitdeed form and just added her name
Expert:  LegalGems replied 10 months ago.

It will typically state how the parties hold title.

So if it is in joint tenancy, say there are 3 people, husband, wife and granny.

If granny dies first, then husband and wife automatically become the owners of the property-as it passes upon granny's death, by operation of law, to the joint tenancy survivors. This is a very effective and popular way to avoid probate.

If it is held as tenants in common, and one party dies, then the proeprty does need to be probated- granny's 1/3 interest would be included in her estate. In CA, probate fees are expensive:

up to 4% is payable to the court (of the value of the estate) not to mention any executor/attorney fees

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Expert:  LegalGems replied 10 months ago.

As for community property, that is any property that is acquired during marriage, except for by gift/inheritance:

Family code definition here:

760. Except as otherwise provided by statute, all property, real or personal, wherever situated, acquired by a married person during the marriage while domiciled in this state is community property.

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