Legal Question in Real Estate Law in California

Breach of Contract, specific performance and Lis Pendens against property

Surviving joint tenant agreed in writing to transfer title of property into the names of the heirs of the estate, now refuses to do so stating he didn't know what he was agreeing to, although he signed the agreement (6) times one for each individual heir of the estate.


Asked on 1/22/98, 4:43 pm

1 Answer from Attorneys

MICHAEL MILNES Law Office of Michael A. Milnes

Breach of contract, Specific Performance, etc.

Assuming that there was "legal consideration" for the surviving joint tennats agreeemnt, then you ceratinly have a potential claim/lawsuit against that person and the property. The question I have is: what were the circumstances under which this agreement was made. That is where the "legal consideration" becomes important. If the agreement was made gratuitously, there is no consideratioin and it cannot be eneforced. On the other hand, if the agreement was made either for money or to resolve a dispute or to follow the decedent's expressed wishes then you may have legal consideration and therefore an enforcable obligation.

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Answered on 1/26/98, 7:06 pm


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