Legal Question in Criminal Law in California

A friend of mine was separated from her husband for about 2 years. He purchased a property for cash as an unmarried man and then filed for divorce. He died about 3 months later. He committed suicide. He left a note to his girlfriend allegedly leaving it all to her. My friend signed over a quit claim deed to her brother in law stating that these were the last known wishes of her husband. The brother in law agreed to split the proceeds from the sale. They also collected a little bit of money on the insurance proceeds after there was a fire. There were problems selling the property. They had to sell at a very low price because there were title problems. Question is should she retain counsel? She is worried about the possibility of getting into trouble for not letting this go through probate. She was told by a lawyer that is involved with property transactions, that this was not legal. Can she get charged with anything? She was married to the man and she was very upset at the time when he left the property to a girlfriend in a note. He didn't have a will.


Asked on 12/19/13, 8:13 pm

1 Answer from Attorneys
Kelvin Green The Law Office of Kelvin Green

But he may have had a will, the note to the girlfriend might be a holographic will. If it had all the elements... If they were separated at the time with no hope or expectation of reconciliation they property was separate property and she has no claim... Based on what you relate here the property had to be probated.. Is she in trouble criminally, don't know if it would be prosecuted but she broke probate laws, transferred property illegally, took another's proceeds... Of course there were title problems, she caused most of them... Not sure why she woul be upset she was separated for two years...her and her brother in law are probably liable to the girlfriend for the fair market value of the house... Maybe liable for his debts that should have been paid through probate... She needs counsel to figure out how to make it right...

Read more
Answered on 12/20/13, 5:48 am


Related Questions & Answers

More Criminal Law questions and answers in California