The other day I was over at the doctor’s for a routine check-up and they handed me a document that needed to be notarized. Curious, I opened it at the office. It was an advanced health care directive – with all kinds of unpleasant questions about what would happen if I was unconscious with no chance of recovering, whether I wanted to donate my organs at death, and so on. While I haven’t filled it in and handed it over yet, every time I look at it, I am reminded that sometimes things can go wrong and we must be prepared for them.

I wish we had the same when it came to real estate.

Most of the time, clients don’t even know how to hold title and the title company doesn’t even ask. They just assume that if you’re a couple, you want it joint. In fact, I’m convinced that they throw in “joint tenancy” without even asking.

But there are reasons in California for a married couple to insist on “community property with right of survivorship.” Read the California Association of Realtor’s advice about it here. And also, consider getting a power of attorney that kicks in if you’re unable to make decisions or sign your name, especially if you have a mortgage on the home.

And if you find this post just too grim after yesterday’s Cyber Monday, blame my doctor.

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