Legal Question in Wills and Trusts in California

I inherited a house and in 1998 I gave it to my son ,it was transferred to his name on the deed,my grandfathers will ,which left me the property specified in the event of my death ,the property was to be divided among my heirs, now my son has a sister we have met twice and she is threatening us with taking the house if we try to sell,i am far from dead,and I believe I was able to do what I want with the property,can you help ?


Asked on 6/01/14, 6:35 pm

3 Answers from Attorneys

Michele Cusack Pollak & Cusack

If you mean your son has a stepsister who is not your daughter, she is not among your heirs. Also, although we would have to read the will to be sure, most likely the provision regarding distribution in the event of your death only applied if you died before your grandfather.

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Answered on 6/01/14, 7:42 pm
Charles Perry Law Offices of Charles R. Perry

Without reviewing the will and deed, and without conducting an interview and asking follow-up questions, it is impossible to advise you properly. If this matter continues to trouble you, consulting with an attorney should give you some idea of your rights and risks here. The investment in your peace of mind will be worth the cost.

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Answered on 6/01/14, 11:31 pm
Anthony Roach Law Office of Anthony A. Roach

I agree with Ms. Cusack, but I cannot tell if you were given a life estate, or were given a fee simple absolute by the will. If you were given a fee simple absolute, you could transfer it to whoever you wanted. I also cannot tell whether the provision in the will is simply an anti-lapse provision that would have applied if you had died before the person who wrote the will.

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Answered on 6/02/14, 7:41 am


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