Legal Question in Real Estate Law in California
How do I rescind a Probate Settlement and Aggrement due to misrepresentation of my father's estate by his girlfriend who is now the administrator of his estate. All my rights were taken away and I am suppose to release my inheritance to her. She pressured me to sign stating that she was going to lose the house.
2 Answers from Attorneys
The California codes do contain provisions (for example, Code of Civil Procedure section 473 and Civil Code section 1689) for setting aside judgments and rescinding contracts based on fraud, mistake, etc. However, analyzing the fraud, selecting the remedy and applying to a court for relief are difficult jobs even for an experienced attorney. You should act quickly to find a bright, experienced and tough probate attorney that is not afraid to become involved in litigation.
I have over 20 years of trial experience, and I have an associate who works with me who is experienced in probate, wills and estates. If you would like a consultation in our San Mateo offices, please let me know.