Estate Law

Estate law questions? Ask an estate lawyer.

Ask a Lawyer,
Get an Answer ASAP!

My dad recently passed, and he and I were on the deeds to…

Customer Question
My dad recently passed...

My dad recently passed, and he and I were on the deeds to property as joint tenants with rights of survivorship. I'm an attorney and long ago I used to do estate planning, but I'm out of practice. I'm trying to find a template online that would show me how to do the transfer now.

Lawyer's Assistant: Since estate law varies from place to place, can you tell me what state this is in?

Sure, it's in California

Lawyer's Assistant: Has anything been filed or reported?

Just the deeds on the 2 properties. There are no mortgages or liens.

Submitted: 7 months ago.Category: Estate Law
Show More
Show Less
Ask Your Own Estate Law Question
Answered in 5 minutes by:
12/26/2017
Estate Lawyer: Loren, Attorney replied 7 months ago
Loren
Loren, Attorney
Category: Estate Law
Satisfied Customers: 39,338
Experience: 30 years experience in the practice of estate law.
Verified

Thank you for using JA. I am Loren, a licensed attorney for over 30 yrs., and I am here to help.

I am a certified expert on JustAnswer since 2009, with nearly 100% in 5 star ratings. So, we should be able to work through your problem.

I appreciate your patience as I review your question. I will post my response shortly.

This is general information and no attorney client relationship is established.

The site may ask you if you wish to speak by phone for an extra charge. Many find the phone call to be the easiest and fastest way to get the information they need without posting on a public forum. I am also happy to continue online.

There may be a slight delay in my replies as I am assisting other JA customers also. I will reply to your follow up questions.

WHILE WE ARE CHATTING DO NOT CLICK ON THE BUTTON TO REQUEST A SECOND OPINION. IT WILL LOCK ME OUT OF THE CHAT AND PREVENT ME FROM REPLYING TO YOU.

Ask Your Own Estate Law Question
Estate Lawyer: Loren, Attorney replied 7 months ago

My condolences for your loss.

If you are the surviving joint tenant on the real estate then there is nothing else you really need to do.

You are the sole owner as the surviving joint tenant. The sole ownership passed to you on your late father's death automatically, by law, outside of probate.

If you are selling the properties, all you need do is prepare a deed from you as the owner of record and present it with your father's death certificate to the title company.

Ask Your Own Estate Law Question
Customer reply replied 7 months ago
I would like to prepare a deed for that purpose, as well as evicting the current tenant, but I don't have any template deeds on my Microsoft Word, and I've been having a rough time trying to find something suitable online. Do you have any suggestions?
Estate Lawyer: Loren, Attorney replied 7 months ago

You do not really need a new deed. You are the sole owner by the existing deed.

You can fill out and file an Affidavit of Surviving Joint Tenant with the county recorder of deeds if you just want there to be public notice of your ownership as the surviving joint tenant.

You can maintain a forcible detainer now, without any further action on your part regarding title.

If (and only if) you are completely satisfied that your question is answered professionally and accurately, even if not the answer you were hoping to get, please remember to leave a favorable rating (click 5 stars in the rating section on this page). It is the only way that I am credited by JustAnswer for answering your question.

There is no additional charge to you for rating me favorably.

Ask Your Own Estate Law Question
Estate Lawyer: Loren, Attorney replied 7 months ago

Are you still online with me?

Ask Your Own Estate Law Question
Estate Lawyer: Loren, Attorney replied 7 months ago

If you have no further questions please remember to rate my service (5 Stars) so that I am credited by JA for answering your question and also so that I may close the question.

There is no additional charge to you for a 5 star rating of my service.

Thank you!

Ask Your Own Estate Law Question
Was this answer helpful?

How JustAnswer works

step-image
Describe your issueThe assistant will guide you
step-image
Chat 1:1 with an estate lawyerLicensed Experts are available 24/7
step-image
100% satisfaction guaranteeGet all the answers you need
Ask Loren Your Own Question
Loren
Loren
Loren, Attorney
Category: Estate Law
Satisfied Customers: 39,338
39,338 Satisfied Customers
Experience: 30 years experience in the practice of estate law.

Loren is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

My husband has been driving me insane with questions regarding estate issues since his mother died. I'm not a lawyer! Thanks to JustAnswer, I was able to calm his concerns.

Loretta TIllinois

Thanks Adam!! - A very direct and understandable response - you have been a great help!

Happy CustomerEllicott City, MD

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

< Previous | Next >

Meet the Experts:

Thomas McJD

Thomas McJD

Attorney

3,170 satisfied customers

Wills, Trusts, Probate & other Estate Matters

Barrister

Barrister

Attorney

5,908 satisfied customers

17 yrs estate law, real estate. Wills/Trusts/Probate

RayAnswers

RayAnswers

Attorney

5,629 satisfied customers

Texas lawyer for 30 years in Estate law

Infolawyer

Infolawyer

Attorney

5,145 satisfied customers

Licensed attorney helping individuals and businesses.

Ely

Ely

Counselor at Law

1,867 satisfied customers

Fully licensed attorney in Texas in private practice.

RobertJDFL

RobertJDFL

Attorney

1,522 satisfied customers

Experienced in multiple areas of the law.

P. Simmons

P. Simmons

Attorney

1,215 satisfied customers

12+ yrs. of experience including estate law.

< Previous | Next >

Related Estate Law Questions
We talked before so I dont know if you can read past
we talked before so I dont know if you can read past communication. I'd hate to start over. I'ts regarding my inheritance that my step brother has taken for his own and left us in the dark.… read more
Attyadvisor
Attyadvisor
Doctoral Degree
8,366 satisfied customers
My mother in law died intestate and left behind a house,
Hi! My mother in law died intestate and left behind a house, which she owned together with her son. We are going to get my father in law appointed administrator of her estate, and then transfer the ho… read more
Barrister
Barrister
Attorney
Doctoral Degree
5,908 satisfied customers
My dad passed away in 2005, also my mom had passed 2014.
my dad passed away in 2005, also my mom had passed 2014. Currently the 3 children are still alive, my dad co-own a commercial office unit with my brother in manhattan, does owership automatically pass… read more
Attyadvisor
Attyadvisor
Doctoral Degree
8,366 satisfied customers
I am married and have two mortgages, one under my name only,
I am married and have two mortgages, one under my name only, the second under my name and my sister in law's. Do I sign a post nuptial, or will, should I die, so that my sister in law take over the mo… read more
Barrister
Barrister
Attorney
Doctoral Degree
5,908 satisfied customers
I need some advice regarding estate law. My husband and I
I need some advice regarding estate law. My husband and I are married, in California (a community property state). We own 3 houses in California all with title in "joint tenancy". Our accountant is su… read more
Barrister
Barrister
Attorney
Doctoral Degree
5,908 satisfied customers
My father is in the nursing home. We have a deed that
My father is in the nursing home. We have a deed that specifies that we own the apartment where he lives with 50% of shares of appartment belonging to me and 50% belonging to him. The deed does not sp… read more
P. Simmons
P. Simmons
Attorney
Doctoral Degree
1,215 satisfied customers
My mom & dad are 80 and 82. They have an estate attorney but
My mom & dad are 80 and 82. They have an estate attorney but I think he's a crook. Their of 5 heirs, me and my 3 brothers and 1 sister. I believe my parents have given power of attorney to the eldest,… read more
TaxAttorneytoHelp
TaxAttorneytoHelp
Owner
Doctoral Degree
2,542 satisfied customers
My dad passed away 9 years ago. My mom has been paying the
My dad passed away 9 years ago. My mom has been paying the mortgage on time ever since. About a year ago she brought to my attention that the bill comes in under Estate of.. There is no estate and nev… read more
TaxAttorneytoHelp
TaxAttorneytoHelp
Owner
Doctoral Degree
2,542 satisfied customers
my father passed a month ago. my mother my father and I all bought the house. mom also pas
my father passed a month ago. my mother my father and I all bought the house. mom also passed 8 years ago. now my siblings are saying that they want half my house. I'm on the deed and mortgage. two of… read more
Barrister
Barrister
Attorney
Doctoral Degree
5,908 satisfied customers
My parents have been married for 52 yrs. They dont have a
My parents have been married for 52 yrs. They don't have a lot, but do have about $50k in bank account, small amount of equity in their home, likely $20k of $100k home, and their Honda is paid for. Wi… read more
TaxAttorneytoHelp
TaxAttorneytoHelp
Owner
Doctoral Degree
2,542 satisfied customers
My dad recently died and left a house that has both his name
My dad recently died and left a house that has both his name and my mom's on the title. My mother died 7 years ago and I do not have letters of testamentary for her. The house is in Colorado. My broth… read more
lwpat
lwpat
Doctoral Degree
256 satisfied customers
My husband passed away and had extensive medical bills which
My husband passed away and had extensive medical bills which will likely be more than his assets(which I assume is an insolvent estate)-but my question is, should I avoid probate and how do I do that?… read more
Dave Kennett
Dave Kennett
Doctoral Degree
25,741 satisfied customers
I am a 66 year old woman who owns a single-family home in Connecticut
I am a 66 year old woman who owns a single-family home in Connecticut (USA) which has a clear title and no mortgage. I bought this home back in 199long 8 after I was divorced from my first husband. My… read more
Roger
Roger
Litigation Attorney
Doctoral Degree
26,939 satisfied customers
MY HUSBEND PASSED AWAY, WE OWN JOIN PROPERTY, WHAT DO I NEED
MY HUSBEND PASSED AWAY, WE OWN JOINT PROPERTY, WHAT DO I NEED TO DO TO CHANGE TO MY NAME ONLY? THERE IS THE WILL WHERE I AM AS AN EXECUTOR AND BENEFICIARY OF HIS ESTATE.… read more
Dave Kennett
Dave Kennett
Doctoral Degree
25,741 satisfied customers
My wife (Rhoda in Minnesota) has a home loan with my parents
My wife (Rhoda in Minnesota) has a home loan with my parents (Sam and Joan from New Jersey) as co-borrowers. I'm going through the paperwork in order to get it to my parent's attorney for their estate… read more
Law Pro
Law Pro
Doctoral Degree
19,000 satisfied customers
MY HUSBAND AND I RECENTLY MARRIED WE LIVED TOGETHER FOR 10
MY HUSBAND AND I RECENTLY MARRIED WE LIVED TOGETHER FOR 10 YEARS,THE HOUSE IS IN HIS NAME ISXXXXX NECASSARY TO PROTECT OUR HOUSE IF THE OTHER DIES?CAN I GET A DEED ONLINE AND HOW WOULD I MAKE IT VALID… read more
Roger
Roger
Litigation Attorney
Doctoral Degree
26,939 satisfied customers
My question is, if my name appears as joint owner on my fathers
My question is, if my name appears as joint owner on my fathers deed to house and on his bank accounts, do I need to do a living trust, or upon his dimise will the property go into probate, I want to … read more
GoLaw
GoLaw
Doctoral Degree
751 satisfied customers
My Husbands father passed away and the will states that hiss
My Husbands father passed away and the will states that hiss three children and the stepmom is to receive 25% after his bills are paid and everything is liquidated. The step mom says that she is the s… read more
Family Law Answers
Family Law Answers
Juris Doctorate
1,261 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x