Legal Question in Real Estate Law in California

You need to talk to an estate planning attorney and have a will and a trust prepared.

Sometimes it scares me that Mr. Roach is allowed to answer questions on this site. A will and trust for your parents will, of course, do nothing to get a house in your brother's name sold and the proceeds distributed when your parents die. There are a number of ways to effectuate what you want done, if your brother is on board with this and intends to cooperate. If, however, he thinks the house is his and he gets it when they die, you have a huge mess. An estate planning attorney may still be able to help you if brother is cooperative. If not, you'll need a real estate litigator. The one thing Mr. Roach is right about is you need to consult with a lawyer in person about this.

Your brother's willingness to cooperate is obviously going to be essential, if indeed the house was put in his name in the sense that he is now the legal and equitable owner. Possibly, however, you mean only that he is named as heir in an existing will or trust. A will can be changed as long as the maker is alive and competent, and most trusts used for estate-planning are also revocable by the trustor.