Legal Question in Real Estate Law in California
Mother gave house to older siblings while she is still living leaving me out can I do anything for my half . that she promised me no will
1 Answer from Attorneys
Mother can give her house to whom she chooses, including charities, so long as she has not made a formal and enforceable agreement to give or sell it to someone else. Such an agreement would usually have to be in writing, but in rare instances the courts have enforced oral promises to sell or give away real estate, generally when the buyer or donee has done something in reliance upon the oral promise. A lawyer would need a lot more information about the supposed promise and whether you relied upon that promise to your detriment. By the way, I should add that for tax reasons it is usually better for property to pass from one generation to the next by inheritance rather than by gift during lifetime of the older family member.