Legal Question in Real Estate Law in California

Re: Quitclaims

Technically, it can be done. If the mother does so, though, she should see an attorney who documents everything -- including the interview with her so that the lawyer can ascertain that she understands what she is doing. Inevitably, the omitted sister will contest the gift at some point and it makes sense that the mother protects her gift as much as possible.

Another way to do so would be to establish a trust so that once the mother passes, the property goes to whomever she wants.

Re: Quitclaims

Yes, a parent is under no obligation to leave an equal share of her estate, or any part of it, for that matter, to each or any child. The mother could, for example, give it all away to her favorite charity. She could take out a 100% mortgage and spend in all.

There is always some possibility of a will contest (lawsuit to dispute the validity of a will) or a suit to attack the validity of a quitclaim made by an elderly person. The disinherited sister could claim fraud, duress, undue influence and/or lack of (mental) capacity.

Finally, transfers of property by inter vivos gift rather than by will or living trust are discouraged by most advisors because there are major tax disadvantages fir the recipient.

Re: Quitclaims

Your question assumes there is some law that says that if a parent has property, the children are entitled to inherit that property--wrong! Your mother can leave all she owns to a stranger, a dog, a charity--it is her property and you have no claim on it, so long as that is what she wants to do.