Legal Question in Wills and Trusts in California
My father passed may 2020. My stepmother left my father in 2015, moving to her daughters in Colorado. stepmother passed away may 2016, at which it took my step brother 7 days to notified my father, of her passing. while talking to my father, my step brother(Loren) told my father that it would be in my fathers best interest to get a will, because him and my other step siblings didn't want to make it hard on my father, and make him sell his home of 24 yrs so they could get their share of the proceeds from the sale of the house. My father explained to Loren that there was no need to get a will , as both his daughters lived with and cared for him for the last 8 yrs and that there weren't no dispute over any of his things. his home would have to be sold, because he had a reverse mortgage that had to be paid, once he had passed. Loren manipulated my father into believing he needed the will and that he (loren) would pay for the will, on the condition my father put him as Trustee so he could get the proceeds from the sale. My father agreed. My father nor my Sister and I never got a copy of the will. July 21st, 2020. Loren listed the house in Merced, not ModestoCa, where the property was located. I told him the listing had better be gone that day, or
I was going to file an injunction. he took it down. Im sorry but my step siblings had no interest in any of my fathers things. last week i went to the count recorders office, and found out that loren had put an lean on the house stating that I cant do anything with the house, until we both agree. I have spent7 months getting this house ready for sale, and now this. I want him and his siblings off the will. they were not close to their mother or my father. Please Help
I did get a copy of the will via email. Thank you for taking the time to read this.
Regards:
Renee Winkle
1 Answer from Attorneys
Good morning, Ms. Winkle,
I am sorry to hear about your situation.
You really need to talk to a lawyer about your situation. To do that, you need to obtain a copy of the deed to the house, and the lien that you mention. While there is no way to take anyone "off the will," there may be something you can do. You really need someone who handles matters involving contested inheritances, and can help you work through this. It's not possible to advise you just on the information you provide -- and no competent lawyer would do that in a public forum in any event. That type of advice should be confidential.
My best always,
Charles R. ("Rick") Perry
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