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In joint tenancy when there is death does that person get taken off the deed or does there part go to there children?

San Pedro, CA |

Can the deed be changed without signature?

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If a deed is held in joint tenancy, when one of the tenents dies, the others remain on the deed and they are equal owners. The property will then pass to the last surviving tenants heirs, either by Will, Trust or by intestate succession. The children of the tenant who did before the others do not take in the property.

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In joint tenancy, the children of the deceased do not take the interest - it gets allocated to the other owners. In the case of a married couple, the surviving spouse would then own the entire property by operation of law (automatically). If the survivor then wishes to sell, typically they would need to submit the death certificate to the title company in lieu of that person's signature. When the surviving spouse passes, the estate would then pass through the surviving spouse's heirs - which may or may not be the same children (assuming intestate succession).

*Nothing in this comment should be construed as legal advice and should not be summarily relied upon as such. This commentary does not create an attorney-client relationship. For specific legal advice about your case, it is best to contact a lawyer to discuss your particular case.

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If its joint tenancy, the surviving joint tenant(s) become(s) the owner of the entire property. All that is required is the filing of an affidavit death of joint tenant.

The general advice above does not constitute an attorney-client relationship: you haven't hired me or my firm or given me confidential information by posting on this public forum, and my answer on this public forum does not constitute attorney-client advice. IRS Circular 230 Disclosure: In order to comply with requirements imposed by the Internal Revenue Service, we inform you that any U.S. tax advice contained in this communication (including any attachments) is not intended to be used, and cannot be used, for the purpose of (i) avoiding penalties under the Internal Revenue Code or (ii) promoting, marketing, or recommending to another party any transaction or matter addressed herein. While I am licensed to practice in New York and California, I do not actively practice in New York. Regardless, nothing said should be deemed an opinion of law of any state. All readers need to do their own research or pay an attorney for a legal opinion if one is necessary or desired.

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