Legal Question in Wills and Trusts in California
Grant Deed vs Probating our parents Will
My sister and brother are executors of my parents will. I have another sister and she
and I are encountering problems with the executors. We want our parents will probated so everything will be done correctly and fairly. My other sister has informed us that she had my mother sign over the grant deed to their home to her and she had
it notorized. She wants to skip probate and thinks that tax wise and money wise it
would be cheaper just to go with the grant deed and maybe or maybe not have all our
names on it...she hasn't decided as of yet. She is being a real jerk because she and
her husband currently live in my parents home and do not want to move for another
3 years and of course they pay no rent and don't plan on it. My sister a while back
was taking care of my mom while she had alzheimers till she died this past May. She
did, however, go to her FT job every day as did her husband and left mom alone. She basically wants to have her cake and eat it too. I told her probate takes about 5 mos.
and it would probably cost around $10K to do and we want to get on with it and sell the
house. In the will it says all assets upon our deaths will be divided up among the four of us.
3 Answers from Attorneys
Re: Grant Deed vs Probating our parents Will
You don�t need her permission to file a probate.
Re: Grant Deed vs Probating our parents Will
You should have the will probated. You may request to be executor. You would be well served by obtaining representateion. Attorney fees are strictly regulated. Please call me directly at (619) 222-3504.
Re: Grant Deed vs Probating our parents Will
You should get an attorney in or near the county in which your parents lived. Your question seems to imply that both parents died. That may require two probate actions depending on how title to the real estate and other assets were held. If the deed you refer to was after the death of one, it may be ineffective anyway depending on how title was held before death. You should have someone with experience look at the facts.
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