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In addition, my Dad is a minority owner of an apartment

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building with my uncle. My...
In addition, my Dad is a minority owner of an apartment building with my uncle. My uncle had stipulated that he doesn't want this woman and her daughters to be part owners should my Dad pre-decease her. My Dad provided a signed document to this effect. Should this document be authorized to be enforceable? Will this document be superseded by the community property law inn CA?
Submitted: 1 month ago.Category: CA Real Estate
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Answered in 6 hours by:
3/11/2018
Lawyer: legalgems, attorney replied 1 month ago
legalgems
legalgems, attorney
Category: CA Real Estate
Satisfied Customers: 12,570
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Good Day!A few minutes please as I review your question so I can provide you with legal information. Thanks!

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Lawyer: legalgems, attorney replied 1 month ago

If a couple acquired property during the marriage it is deemed community property and one party may not alter this without the other's written consent.
As such if the owner predeceases the wife, the wife will be entitled to her half of the community property.

Now if it is sole property (acquired before marriage, or by gift/bequest/inheritance) then the owner, even if married, may gift/bequest/sell it to any person of his/her choosing without spousal consent.

It is also possible to own property as joint tenants with right of survivorship so that the property passes outside of probate, by automatic transfer, to the surviving joint tenant. If it is community property and this is done so that a third party obtains complete ownership the surviving spouse can file a court action to dispute the transfer.

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Lawyer: legalgems, attorney replied 1 month ago

Hello; just checking in on the above.
If you have further questions please post here and I will do my best to get you the requested information.
Otherwise
kindly rate positively (hopefully you feel I have earned 5 stars) to help maintain my high customer satisfaction score and so I know you were satisfied with my services.

The above information is for educational purposes only. An attorney in one's jurisdiction can be located at https://www.americanbar.org/groups/legal_services/flh-home.html
Thank you.

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