Legal Question in Wills and Trusts in California

Re: Ex husband quit claimed title to myself and parents, mom died, now what?

You can try bringing a petition in the Probate Court to declare that there was a mistake in titling the property. If your ex-husband would sign a declaration that he "goofed", it would be very helpful. So would a declaration from your father that there was never any intention for the house to go to either himself or your mother.

There are some other possible scenarios I can think of that might work, but if they don't, I'm afraid you'll have to probate your mother's 1/3 of the property. Her 1/3 would then go to your father (technically, it would go to your mother's share of the trust if she had a "pourover" will). Your father could make gifts to you to get it into your name.

I'd also suggest that your father immediately amend his trust to provide that the house goes to you upon his death - otherwise, if you have siblings, they might be entitled to a share of it if your father were to pass away before this is straightened out.

I've handled cases from Mendocino to San Diego. If you'd like assistance, let me know.

This information is not intended to substitute for professional legal advice and does not create an attorney-client relationship. You should accept legal advice only from a licensed legal professional with whom you have an attorney-client relationship.