Legal Question in Real Estate Law in California

Re: Daughter suing for inheritance

if you can email me directly with more specific details of your case, i may be able to further assist you legally in this matter. primarily i would need to know what the "terms" were of putting your daughter on title with you initially (meaning if there is written or other notice to her at that time that this was to be treated as her inheritance). the more details you can email me the better regarding this arrangement.

Re: Daughter suing for inheritance

The defense to your daughter's partition suit will be based upon (1) purchase money resulting trust and (2) waiver. Other defenses are also available, but these are the main ones. The quality of the evidence including your testimony would determine the outcome. I think a settlement short of trial based on a life tenancy (or its equivalent in a trust arrangement) followed by a distribution of your entire estate equitably among the children is possible and would produce the right outcome and also reduce your legal costs.

Re: Daughter suing for inheritance

I am not sure which daughter is suing you, the one who you intend to get the other half when you die, or the one you placed on title. Assuming it is the one you placed on title, the result at trial depends upon whether she gave you any consideration (money, labor, etc.) in return for the half you reflect on the 1981 deed, how the deed is drafted, etc. You can defend and allege that the deed was drafted under a mistake of law, and/or of fact, that she holds her one half in a resulting trust for your beneift, etc. Negative aspects include that you gave one child her "inheritance" immediately, and not the other, which tends to suggest that you wanted her to have her interest "now" rather than after your death, etc. It may be worthwhile to open a dialogue with her, or through attorneys, possibly seek mediation. Good luck!

Re: Daughter suing for inheritance

I am ready the other applies to your problem. I agree with each of them. Moreover, personally I am very upset with your daughter for silly kneel in the first place. You don't silly your mother. I am a little mixed up is the fax and need much more information to really analyze your problem. One thing I can say is that I would assume you are upset with the daughter who was doing you. You would probably want to make sure she never yet any part of your state. I think I can help you in both of the lawsuit and the results. I am in northern California and would very much like to talk with you to see if you wish me to represent you. You can contact me at 925 -- 376 -- 1951.