Legal Question in Real Estate Law in California

My parents passed away and have no will. Their home is title in my brother's name. Before pass away they said the home will be split 50/50 between my brother and I. Now my brother refuse to add my name in the Grant deed, also refuse to sell the home and give me 50% profit. What can I do now.


Asked on 4/18/16, 2:16 pm

1 Answer from Attorneys
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Well, I'd say the stakes are high enough her to warrant your taking all available documentation to an attorney who specializes in wills, trusts and estates for an initial free consultation. Key questions will be (1) how did your brother acquire title? (2) if they left no will, did they have a trust? and (3) is there any evidence, other than what your parents said, of an intention that the ownership of the home be divided equally between you? I think the answer to #1 is likely to be decisive, but (2), (3) and perhaps other possible factors may bear upon your rights.

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Answered on 4/18/16, 2:37 pm


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