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Inheritance of joint tenancy

Discussion in 'Joint Ownership' started by lizziepie, Jul 3, 2019.

  1. lizziepie

    lizziepie Law Topic Starter New Member

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    Jurisdiction:
    California
    My life partner (we were not legally married) died in March. We own land together as “joint tenants” in Siskiyou County, California. He died without making a will. I was under the impression that joint tenancy meant “with right of survivorship” and that his half would become mine upon his death. Recently I received a “Claim for Reassessment Exclusion For Transfer Between Parent and Child” from the Siskiyou Assessor-Recorder’s office. It appears, according to this form, that his adopted daughter who lives in Florida is supposed to inherit his 50% of the land. I need to know what my options are regarding this transfer. Do I have to let her inherit and if so, can she force me to sell the land to get cash for her inheritance? I would like to continue living on the land and do not wish to be forced to sell.
     
  2. army judge

    army judge Super Moderator

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    I suggest you consult with a real estate attorney in your county.

    Anything a stranger tells you would be a generalization.

    When you visit the lawyer, take all the documents you possess related to the man's life and death, as well as those related to the real estate in question.
     
  3. flyingron

    flyingron Active Member

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    In California, joint tenancy does indeed imply survivorship. However, since the tax man seems to think the property has changed hands, it would appear that something has happened (probate or small estate procedure). Yes, get thee to an attorney.
     
  4. mightymoose

    mightymoose Moderator

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    I don't believe marriage is even a factor here. It is quite possible that in settling his affairs decisions were made that overlooked your interest in the property, and it is simply a matter of you asserting your right to the property.... Depending upon what you can prove with the documents you have.
     
  5. lizziepie

    lizziepie Law Topic Starter New Member

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    Thank you for your advice. I'll probably do that tomorrow.
     

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