Posted by Gary - CA on February 14, 2004 at 15:09:15:
Thanks for the info. I just wasn’t sure if the more complicated ownership structures were possible such as you outline. The only other properties I’ve looked at with more than 2 owners were tenants in common. I’ll have to look at the actual deed to examine the way the property was granted. I only have the four names as I am using an upcoming tax sale list and the 1 owner I have talked to is not sure about the ownership structure.
Death of 1 of 4 title holders on a CA parcel - Posted by Gary Cook
Posted by Gary Cook on February 13, 2004 at 21:34:22:
I have a situation in which a woman bought a land parcel and deeded it to two of her children and their spouses. (4 owners total) One of the individuals died, and one of the surviving owners called the county (in California) where the parcel is located and was told that the county could “correct” the deed by giving the decedent’s spouse the 1/4 portion the decedent held once they received a copy of the death certificate. I would like to buy the parcel, but this uncertainty involving the title would need to be resolved first.
Does anyone know if this is possible, or must the property pass through probate first? It could be that what was meant that the name on the tax bill would be changed.
You do not give enough information to answer your question. Based on the facts you do give it seems that the mother may have given the property to each of her child and the child’s spouse in joint tenancy. In other words A & A’s spouse hold 1/2 as joint tenants and B and B’s spouse hold 1/2 as joint tenants. How each 1/2 is held is unclear but if the County really did say the surviving spouse could get the decedent’s 1/4 share, this suggests that the A and A’s spouse and B and B’s spouse do not hold the ENTIRE interest as joint tenants but probably as tenants in common, partners, etc.
Assuming that this analysis is correct, the surviving spouse could obtain the deceased spouse’s interest by filing the appropriate papers with the County Recorder (there is more than just a death certificate required). Probate is not used or required where an interest in property is held in joint tenancy. This procedure also would have no impact on the other couple’s 1/2 interest and they would continue to own 1/2 (assuming the facts are as I indicate).
However, keep in mind that you appear to be buying only the interest of the decedent and the decedent’s spouse. This means you will hold a 1/2 interest with the other couple. Is that what you want to do?