Legal Question in Wills and Trusts in California

California Gifted Property

My mom & step-dad were gifted his mother's house. They both died before his mother, they died 2003,2004 respectively, and his mom died 2007. Step-dad's brother hired an attorney to ''probate'' his mother's estate and found her house had been gifted to his brother and wife (my mom and step-dad). Will electing his brother as administrator (Which his attorney ask me to do)of my mothers share of the estate give him more rights to the property? Will I be giving up anything? I live in Florida and the property in question is in California. How would the law read for such a situation and how would the estate be divided up?


Asked on 5/18/07, 12:19 pm

1 Answer from Attorneys

Jeb Burton The Burton Law Firm

Re: California Gifted Property

Doing such a thing should not give your step-father more rights to the property. As far as how the "law reads" it depends on what your Mother, Step-Father, and Step-Fathers Mother's wills/trusts state. If there is no will or trust then it is divided according to California statutory law, and this depends on who else has rights to the property and whether your step-father adopted you.

It will be difficult to administer your Mother's portion of the estate from Florida, and most likely this is a completely legitimate attempt by your step-uncle's attorney to facilitate the administration. You could always ask the attorney in question to explain your legal rights to you and what effect this would have on you, it would be highly unlikely that his attorney would lie to you since this would be considered malpractice and potentially open himself/herself up to a suit from you.

It will be difficult to administer your Mother's portion of the estate from Florida, and most likely this is a completely legitimate attempt by your step-uncle's attorney to facilitate the administration. You could always ask the attorney in question to explain your legal rights to you and what effect this would have on you, it would be highly unlikely that his attorney would lie to you since this would be considered malpractice and potentially open himself/herself up to a suit from you.

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Answered on 5/18/07, 1:35 pm


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