Legal Question in Wills and Trusts in California

Brother is on quickdeed tile and Mother dies

My parents owned two houses in Southern California my brother lived with my parents in one and I in the other. In 1977 they filed a quickdeed adding my brother to the title of the house he lived in so he could use the tax write off. Following the death of my father nothing was changed and there was no probate. My mother did not have a will when she died but always made it clear that the house I live was to go to me and my brother was to receive the other, besides he has borrowed money against that house and the one I live in is paid for. My brother is now having tax problems and does not want to take care of things. I just found out I have cancer so I want to get my affairs in oreder. Is there a way that I can obtain title to my house with having to deal with my brother and if not how would the property be divided, being that his name is on the deed? .


Asked on 3/22/02, 1:37 am

1 Answer from Attorneys
Mina Sirkin Sirkin & Sirkin

Re: Brother is on quickdeed tile and Mother dies

The property which has your brother's name on, will go to him. The other property will have to be probated in your mother's estate, and will go to both of you (all of her children) in equal shares. Please let me know if you need additional help.

Mina Sirkin, Esq.

Certified Specialist in Estate Planning, Probate

and Trust Law, State Bar of California

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Answered on 3/22/02, 10:58 pm


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