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A Wills Attorney Long Beach Can Find Out If The Joint Tenancy Property Has Been Severed

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A Wills Attorney Long Beach Can Find Out If The Joint Tenancy Property Has Been Severed

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" Law Offices of Brian D. Lerner - Professional Last Will And Testament Attorney "

02nd Sep 2016 - When examining title to property believed to be in joint tenancy, the last will and testament attorney should keep in mind that a joint tenant may have unilaterally converted title from joint tenancy to tenancy in common or community property during his or her lifetime. A joint tenant states the last will and testament lawyer may sever a joint tenancy in real property without the joinder or consent of the other joint tenants if the requirements of California Civil Code §683.2(c) are met, i.e., the document purporting to sever a joint tenancy unilaterally must be recorded. Unilateral severance may be accomplished in a variety of different ways states the wills attorney Long Beach. They are any of the following ways:

1) Execution and delivery of a deed conveying legal title to the joint tenant’s interest to a third person (even if that person is required by pre-agreement to reconvey title to the joint tenant) explains the last will and testament attorney;

2) Execution of a deed naming the severing joint tenant as a transferee, for example, by conveying title from the joint tenants to themselves as tenants in common or as community property states the last will and testament lawyer;

3) Execution of any other written instrument that shows the intent to sever the joint tenancy elaborates the will attorney Long Beach; or

4) Execution of a written declaration that the joint tenancy is severed regarding the interest of the joint tenant declares the last will and testament attorney.

If the joint tenancy has been effectively severed, the decedent’s interest in the property will pass either under the decedent’s will or trust or by the laws of intestate succession and not outright to the surviving joint tenant by operation of law clarifies the last will and testament lawyer.

If a joint tenancy has been severed by a deed from spouses as joint tenants to themselves as community property with rights of survivorship, the surviving spouse takes the property by operation of law and no probate is required explains the wills attorney Long Beach.

About the Company:

Law Offices of Brian D. Lerner, APC have years of experience in protecting the families by helping them to prepare living trusts, last will and testaments, durable power of attorney, health care directives & other matters related to estate planning in California. Located in Long Beach, their firm can prepare complete estate planning package for married couples, single people and divorced spouses.

Contact Information:

Law Offices of Brian D. Lerner, APC

3233 E. Broadway

Long Beach,

California, USA

90803

Email: blerner@estateplanningattorneylawyer.com

Website: http://estateplanningattorneylawyer.com/

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A Wills Attorney Long Beach Can Find Out If The Joint Tenancy Property Has Been Severed

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