Legal Question in Real Estate Law in California

Re: i want to sue my stepsister

I am not fully appraised of all of the facts of your situation, especially with respect to the document. There are generally two types of deeds, deeds that are void on their face, and deeds that are void based on extrinsic evidence. If you think a deed is void based on extrinsic evidence, I would seek an attorney now to discuss this. There is a statute of limitations, and the daughter could end up with the property through adverse possession, if she pays the taxes for five years.

In reading your response, it is hard to see how you would have any rights to the house, if she were your step mother. Was there a will that left all property to you equally?

Very truly yours,

Re: i want to sue my stepsister

A stepchild can, under some conditions, inherit from a step-parent who leaves no will (and had no trust), i.e. by what is called intestate succession.

When someone dies, the property over which the deceased person had control is distributed according to their will, or the terms of any trust into which they had placed the asset during their lifetime. If there is no will and no trust, the property is inherited according to a complex set of rules, the rules of intestate succession. In California, those rules are set forth in the Probate Code at sections 6400 through 6455. Probate Code section 6454 deals with foster parents and stepparents.

Section 6454 basically says that a stepchild is treated the same as a natural child if both of two requirements are met. The first of these requirements is that the relationship (of stepparent/stepchild)began while the child was still a minor (below 18) and continued until the stepparent's death.

The second requirement is that it must be established by clear and convincing evidence that the stepparent would have adopted the stepchild but for a legal barrier. Most often, the "legal barrier" is the refusal of a natural parent to consent to the adoption.

If you can meet both conditions, you would be an heir to the same extent as your stepmother's natural daughter.

If, of course, your stepmother had a will or trust, that would control.

If you stood to be an heir by intestate succession, as discussed above, you are left with the problem of invalidating the deed. Deeds that appear to be regular are presumed valid, but the validity can be challenged. Various grounds for challenge include forgery; obtained by fraud, duress or menace; lack of capacity of the grantor; and a few more.

So, you have two major legal issues to handle - your right to inherit, and invalidating the deed. Both of these issues have wrinkles and complexities that go beyond what can be explained in the scope of a LawGuru answer. If you think you can overcome the hurdles, then have a lawyer give it further review to advise you on whether you have a strong enough case to pursue the 1/2 interest through the courts.