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RayAnswers, Lawyer
Category: Family Law
Satisfied Customers: 42184
Experience:  30 years as a family law lawyer .
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My daughter passed away, she had a roommate, never married

Customer Question

my daughter passed away, she had a roommate, never married or had any legal partnership with her, when they purchased home 15 yrs ago, they wrote up joint tenancy, which would give other person 100% right to house, however I understand that they would've had to record in California a severance to be valid, how can we find that and if unrecorded severance may reserve a right of survivorship for the non severing tenant, what does that mean? also, would I be able to get her personal belongings, she had her own room, no will, died of cancer 62yrs old
JA: OK. The Family Lawyer will need to help you with this. Have you consulted a lawyer yet?
Customer: no, really don't want to start spending money when we do know that deed does state joint tenancy, so we are pretty sure stops that, however still would like some personal items, license, a few clothing, pictures things that were in her room, nothing valuable just for confort.
JA: Please tell me everything you can about this issue so the Family Lawyer can help you best. Is there anything else important you think the Family Lawyer should know?
Customer: ok, did live together, my daughter diagnose with kidney failure 10yrs ago so then they had separate rooms, remain in home, my daughter received ssi of $ 1400.00 a month so still paid her half of all bills, payment was only $ 900.00 a month
JA: OK. Got it. I'm sending you to a secure page on JustAnswer so you can place the $5 fully-refundable deposit now. While you're filling out that form, I'll tell the Family Lawyer about your situation and then connect you two.
Submitted: 1 year ago.
Category: Family Law
Expert:  RayAnswers replied 1 year ago.
Hi and welcome to JA. Ray here to help you today.
Expert:  RayAnswers replied 1 year ago.
Let me verify the situation.She died here owning a joint tenancy with no right of survivorship in the deed and had some other personal property here all of which needs to be disposed of??
Expert:  RayAnswers replied 1 year ago.
Any joint tenancy with right of survivorship would be in the county deed records where property was located.
Expert:  RayAnswers replied 1 year ago.
California law 683.2. (a) Subject to the limitations and requirements of thissection, in addition to any other means by which a joint tenancy maybe severed, a joint tenant may sever a joint tenancy in real propertyas to the joint tenant's interest without the joinder or consent ofthe other joint tenants by any of the following means: (1) Execution and delivery of a deed that conveys legal title tothe joint tenant's interest to a third person, whether or notpursuant to an agreement that requires the third person to reconveylegal title to the joint tenant. (2) Execution of a written instrument that evidences the intent tosever the joint tenancy, including a deed that names the jointtenant as transferee, or of a written declaration that, as to theinterest of the joint tenant, the joint tenancy is severed. (b) Nothing in this section authorizes severance of a jointtenancy contrary to a written agreement of the joint tenants, but aseverance contrary to a written agreement does not defeat the rightsof a purchaser or encumbrancer for value in good faith and withoutknowledge of the written agreement. (c) Severance of a joint tenancy of record by deed, writtendeclaration, or other written instrument pursuant to subdivision (a)is not effective to terminate the right of survivorship of the otherjoint tenants as to the severing joint tenant's interest unless oneof the following requirements is satisfied: (1) Before the death of the severing joint tenant, the deed,written declaration, or other written instrument effecting theseverance is recorded in the county where the real property islocated. (2) The deed, written declaration, or other written instrumenteffecting the severance is executed and acknowledged before a notarypublic by the severing joint tenant not earlier than three daysbefore the death of that joint tenant and is recorded in the countywhere the real property is located not later than seven days afterthe death of the severing joint tenant. (d) Nothing in subdivision (c) limits the manner or effect of: (1) A written instrument executed by all the joint tenants thatsevers the joint tenancy. (2) A severance made by or pursuant to a written agreement of allthe joint tenants. (3) A deed from a joint tenant to another joint tenant. (e) Subdivisions (a) and (b) apply to all joint tenancies in realproperty, whether the joint tenancy was created before, on, or afterJanuary 1, 1985, except that in the case of the death of a jointtenant before January 1, 1985, the validity of a severance undersubdivisions (a) and (b) is determined by the law in effect at thetime of death. Subdivisions (c) and (d) do not apply to or affect aseverance made before January 1, 1986, of a joint tenancy.
Expert:  RayAnswers replied 1 year ago.
Again you need to check property records.I deed with JTWROS has to say that in the deed.Any other deeds that sever her share would be found there.You could also consider a local title company to do a title search.Also the tax assessor should be able to tell you how it is titles and names involved tax wise as current leqal owners.