Legal Question in Wills and Trusts in California

Re: The house I'm buying from my Mother is now in question?

if your name is on the deed, it was validly delivered to you prior to your mother's death, and you had a purchase agreement with your mother, then the house should be yours independent of any other probated interests your siblings may try to claim in your mother's estate. however,you should make sure your interest in this home is protected legally at the time of probate to help ensure you do not have to share the home with your siblings by chance. if you would like further assistance or representation on this matter, feel free to email me the specifics of your case at your earliest convenience.

Re: The house I'm buying from my Mother is now in question?

If your mother and late fathers name was on the deed, along with yours, a lot will depend upon how everyone held title on the deed. If it was as joint tenants, then there is right of survivorship, and you own the house, period.

If it was tenants in common, then it is possible that you own only 1/3 or 1/2 of the house, and the remainder would need to be probated, unless you have a purchase contract that shows otherwise. You may need professional legal help to resolve the matter, especially if you held the property as tenants in common.

A copy of the deed will tell you how the title was held.

Re: The house I'm buying from my Mother is now in question?

Check the latest deed--if it's in joint tenancy, you are the owner of the house. If tenants in common, or no ownership is stated, you may only be a one-third owner, or one-half, depending on the deed. Another variable is any written purchase and/or mortgage agreement you may have had with your mother, and whether that was recorded. You should consult with an attorney who can review the deed and other papers and advise you of your rights. If you don't have a copy of the latest deed, the attorney should be able to obtain one fairly easily.

You should do this fairly quickly, because if you need to put in a "claim" in the probate estate, you generally have only four months from the time probate is opened to do so.