Legal Question in Wills and Trusts in California
Brother buffalowed me
My father died almost 5 years ago with no will. My mother never did anything about changing any of the bills from his name to hers, nor did she inform the bank that he died, so both of their names remained on the checking account and the equity line of credit on the house (its only encumberance). A few months ago my mom passed away, also without a will. I have been living in their house for several years taking care of both of them, thus have had no other employment. My brother wants to buy the house and move into it. Since I have no income my brother paid a paralegal to draw up an agreement between him and me wherein I allow him to buy me out of the house (the only asset) at less than half its appraised value and then in addition a quit claim deed for me to sign. The terms were not exactly what we discussed but I felt very pressured (he has all the power here) and signed everything anyway. The quit claim deed was notarized, the agreement was not. Now I realize that I have been royally screwed and want to know if there is anything I can do about it. Is what my brother did legal? How can he have me sign a quit claim deed to a property that isn't even in my name? Doesn't this all need to go through probate?
1 Answer from Attorneys
Re: Brother buffalowed me
This sounds exactly like something that would need to go through probate. I would need to see the document that your brother had you sign in order to be certain as to what he was trying to accomplish. It may be that he was having you sign away any inheretance rights, but I can not know without reading what was provided and signed.
I am also wondering why you mention the equity liine of credit. Is this something that has come up? Did your brother require you to assume this debt or did he deduct it from the amount he agreed to pay you?
It does sound like he pulled a fast one. I'd be happy to review the document for you, free of charge, and then provide you with a better assessment of your situation.
If you would like to discuss this matter further in a more private forum, please feel free to contact me directly at the email address provided by LawGuru or through our firm�s website located at PasadenaEstatePlanning.com
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