Legal Question in Real Estate Law in California
real estate
put my house in my two sons names my son preceeded me in death...dont want his heirs to have a claim to my house ...how can i get it back in my name ? i will need it to pay for my medical care is there anything i can do
2 Answers from Attorneys
Re: real estate
Ouch! That's a tough one. I hope others will read your question and answers to it before they make the same mistake.
Unfortunately, your options at this point are limited. At the very least, you would have to file a civil action against your deceased son's estate and claim you had a verbal contract with your son that he agreed to not leave his interest to his heirs in return for you giving title to him. The outcome of this case is iffy.
Re: real estate
You blew it. His heirs are entitled to his share unless it was owned as joint tenants, in which case you other son owns the whole thing. You can ask you remaining son and your deceased son's heirs to transfer the property back to you.
I recommend a living trust package for the middle class. You can get all the information you need about how and why to do this yourself from my plain English, written for laymen, not lawyers, book, Create Your Legacy & Save the American Middle Class. You can get it at Amazon.com or www.IWant2CreateMyLegacy.com.