Legal Question in Real Estate Law in California
My father died of alzheimer in 1992. Our stepmother passed away November 2014. My sister, brother and I are wanting to know what legal rights do we have on the selling of his house he bought in 1968. He wasn't married when he purchased the property. He didn't get married until the late 70's. His wife took us to court for conservatorship in Feb. 1990 and then did a quitclaim on his house and got it in her name. She previously had her name added to his property in 1982. We were aware he had been diagnose with his disease right after that. He knew he had signed something but didn't know what it was. Our question is, do we have any legal rights to part of the sale from the house. Her daughter told a neighbor that he should could not put the house up for sale until March 2016. We knew that while our stepmother was alive we didn't have any rights. Do we now?
1 Answer from Attorneys
It depends. Any reviewing attorney would need to see:
1. The deeds and chain of title
2. Any Will or Trust for your father which may be operative
3. What the conservatorship papers said.
4. What did your (presumably deceased) stepmother do in her will or trust?
There is simply not enough information provided to advise you.