Can it be enforced in court that kid sign over the property or sell it and give the money to another kid? 7 Answers as of September 24, 2014

Property is in the senior community (the homes are co-ops). Here is the situation. One parent and two adult children (kid-A and kid-B) on a house title. Parent dies and kid-A still lives there. Kid-A dies and the kid-B had been named executor in the parent will, but kid-A did not have a will. The parent will stated that kid-B was executor; house was to go to kid-A and issue. Kid-B decided to keep the house because her name was on title and kid-A did not have will.

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Law Ofices of Edwin K. Niles | Edwin K. Niles
It depends on how title reads. If all 3 were on title AS JOINT TENANTS, the property goes to the surviving joint tenant. If, however, the title says TENANTS IN COMMON, each share goes according to that person?s will or by the laws of intestate succession.
Answer Applies to: California
Replied: 9/24/2014
James Law Group
James Law Group | Christine James
It sounds like the parent and Kid A's estates need to be probated. Without seeing the family tree and reviewing dates of death, it is impossible to say where the property will go, but it sounds generally like it would go to Kid A's heirs.
Answer Applies to: California
Replied: 9/24/2014
Law Offices of George H. Shers | George H. Shers
Kid B and or the heirs of Kid A should be asking the question as they know all the facts involved and what they are willing to do, but you do not. There are too many important facts that you do not mention. How was title held if joint tenancy then it passes to the surviving owners on the death of one owner. If it was owned as tenants in common with each having an equal share, then mother's share would go to Kid A and his/her heirs in what portion? upon her death [needs to be probated to change title] and when Kid A dies it goes to his/her heirs, which might include Kid B. Also, does the community association allow non-seniors to own property there? Can non-seniors live there?
Answer Applies to: California
Replied: 9/24/2014
Danville Law Group | Scott Jordan
Did Kid-A have any children?
Answer Applies to: California
Replied: 9/23/2014
The Law Offices of Tres A. Porter | Tres A. Porter
It really depends upon how the title to the property was set up. If parent and kid A and kid B were all joint tenants then kid B as the sole survivor, needs to file affidavit of death of joint tenant in the county where the property is located. If the property was held as tenants in common, then there likely will need to be a probate of the estates of parent and kid A. You should consult an estate planning, probate and or real property attorney in the area where the property is located.
Answer Applies to: California
Replied: 9/23/2014
    Law Office Of Victor Waid
    Law Office Of Victor Waid | Victor Waid
    Looks like you need to consult with a probate litigation attorney to bring a legal action against kid B. However, if title was in joint tenancy, then kid b may have survived to tile regardless of what the will states.
    Answer Applies to: California
    Replied: 9/23/2014
    Irsfeld, Irsfeld & Younger LLP | Norman H. Green
    How was title held? If it was as joint tenants, then the house belongs to B. If it was a tenants in common, then parent's third and A's third go to A's issue. File a petition for probate.
    Answer Applies to: California
    Replied: 9/23/2014
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