Ward v. Munoz
Theresa Marie Ward, who owned real property in joint tenancy with her mother, Hortence Luna, filed a lawsuit to cancel the transfer of her mothers interest in the home to the Family Trust of Hortense [sic] Luna (Trust), a transfer that would result in the extinction of Wards right of survivorship. The trial court entered judgment against Ward. On appeal Ward contends the court erred in concluding the transfer complied with Civil Code section 683.2, subdivision (c), which requires any instrument unilaterally severing a joint tenancy either be recorded before the transferors death or be notarized not earlier than three days before the death and recorded not later than seven days after the death. Court agree with Ward and reverse.
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