Legal Question in Wills and Trusts in California

heir's questions about inheritance

Live in CA, father passed away 1 1/2 years ago, mother a month ago. My youngest brother & wife live in attached apartment to parents house. Have for at least 15 years. Have 4 brothers and I'm only daughter. Parents home should be paid off, a 2nd mortgage taken in 1992 for youngest brother his cabinet business, so it should be paid off. No will, $32,000 in a CD type account (Mom's inheritance she received 3 1/2 months before her death) Brother told me he is opting out of money, because ''I have the house''. Found out Dad quit claimed the house to brother & wife 4 months before dad died. Dad was scared that if he ended up in nursing home that he would lose house. They did not check to see what options were there so as the rest of siblings would share. Dad wanted the house to stay in family, these are brother's words. Have not had family meeting but I would like advice as what to say to little brother as to the unfairness to the rest of us to share in the estate and what would be the fair thing to do. I am sure there will be no problems splitting up all the personal effects and selling the household belongings and splitting. One brother already got the car, another the pickup. Any advice would be appreciated.


Asked on 5/27/07, 7:07 pm

1 Answer from Attorneys
Donald Field Donald L. Field, Jr., Attorney at Law

Re: heir's questions about inheritance

depending upon the fair market value of the house at the date of gift (or death) there may be estate or gift tax issues related to your several questions. as it is possible that the quit claim deed was valid (and you and your siblings may have no legal right to share in the real property) you should consult an attorney to determine your rights before talking to your brother.

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Answered on 5/29/07, 9:25 am


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