Is a Will not valid with a “tenancy in common” or “joint tenancy”?

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Is a Will not valid with a “tenancy in common” or “joint tenancy”?

My father is named in a Will, as beneficiary to real property, but right before the grantee passed away she put the trust into joint tenancy. Does he have any legal recourse?The real property is being sold, and I need to know if he has any legal recourse.

Asked on August 13, 2012 under Estate Planning, California

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

I am so sorry for your loss and for the situation.  Unfortunatley, if property left to a person in a Will does not in fact exist at the time of their death the person named as the beneficfiary is out of luck.  If the proeprty was held jointly with rights of survivorship then it passed to the other party automatically. If, however, you think that the transfer was a result of undue influence of some sort then some one with "standing" can contest it.  That would be the executor.  Seek legal help.  Good luck.


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