Legal Question in Wills and Trusts in California
Inheritance of property
My mother passed away recently. One of my sisters lived with her. My mother had refinanced the home shortly after my sister moved in with her (approx 10 yrs ago). The refinance was completed to consolidate some of my sister's debt, as well as my mother's. Because of the refi, my sister was put on the deed as a joint tenant. Now that my mother has passed, my sister is basically claiming ownership of the house cutting me and my 2 other sisters out. Do the children of my mother have no rights to the property?? Apparently there will be no probate to dispute since this home was all my mother had (with my one sisters name on it). Do me and my other 2 sisters have any legal recourse if we choose to dispute my sisters claim? My mother had stated that she did not want my sister to get all of the house, even though there is no will or anything else in writing. Even though i am aware that a will would not change joint tenancy. Thanks in advance.
2 Answers from Attorneys
Re: Inheritance of property
If there was some written evidence of your mother's intent, perhaps a lawsuit might be successful to reform the deed. But, the dead man's statute precludes survivors from testifying about oral statements of a decedent. Therefore, I think you and your other sibs are cut out. Sorry. What a shame.
Re: Inheritance of property
I am sorry, but you are another victim of poor or no estate planning. Your mother, 10 yeas ago, gave a gift to your sister of half of the house. No one probably told the local assessor to prevent reassement [but a mother to daughter exemption applies]. You would have to show that somehow your sister forced your mother to do something against her desires and will. But ten years of no change basically destroys that argument. You could try to show that the four unities of interest for joint tenancy do not exist, but that also is very unfirm ground. Your only chance would be if your mother clearly stated that she was ending the joint tenancy [not merely that she wanted to]. But mothers often tell each child a different story when it involves family relationships. That would still give your sister the gifted one half plus 1/4th of the remaining portion, or 5/8th ownership.
See if you can get your sister to agree to a compromise, as legally I do not think you can get anything.
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