If I become deceased, how would my property be divided up under these circumstances?

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If I become deceased, how would my property be divided up under these circumstances?

My sister and I are co-owners of the property. The mortgage is in my name only. We live in CA. Neither of us has a will. I’m wondering ifthe entire property passes onto my sister ORshe gets her portion of the property (how is this even defined?) and my portion of the property is passed onto those as determined by the intestacy laws in CA.

Asked on June 27, 2009 under Real Estate Law, California

Answers:

Edwin Fahlen / Law Office of Edwin Fahlen

Answered 11 years ago | Contributor

The answer depends on how you hold title with your sister.  If you are Joint Tenants, and took title to the properly at the same time, the surviving joint tenant receives the property by operation of law.  Other forms of holding title have different results.  The mortgage and title are mutually exclusive of each other.  To answer your question personally, considering all your facts I need to speak with you.  You can reach me any time any day 24/7 365 days at 714.967.1300 or

 [email protected].


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