Legal Question in Wills and Trusts in California
My husband purchased a property for cash as an unmarried man after we separated. My husband filed for divorce and then he died 3 months later. He committed suicide and left a note to his girlfriend that she was to have the property. Can I file a quit claim to my brother in law (I'm not on title) if I write, something like, this is drawn to satisfy the last wishes of my husband, and sign the property over to my brother in law? My brother in law said he would split the proceeds with me on the sale if I did this. I should have the right to do this? He drew up the document for me to sign but I want to be sure this is done right.
3 Answers from Attorneys
There is no way for you to transfer title if you are not listed as an owner. Whatever document your brother-in-law drew up has no legal effect since you have no interest in the property.
If the document your ex-husband wrote qualifies as a holographic will, then it will control.
The only claim you may have is if the funds used to purchase the property were somehow determined to be community property. However, if it is determined to be community property, which is unlikely due to the separation, you would only have a half interest because he had the right to transfer his 50% of community property to whomever he wanted.
No you can't transfer title.. The note may actually be a holographic will to be probated. You could be perpetuating a fraud and may end up liable to the girlfriend ...the last wishes were fir somone else to gave the property you can't make it up to claim money... If the note can't be used in probate then intestacy determines who gets the property and most likely not you.
Many attorney in the family law and probate field will provide a free consultation. You need a face to face with an attorney, who can then give you specific legal advice. Mr. Green is wrong on his analysis. Consult with an attorney.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
