Legal Question in Wills and Trusts in California

Re: My mother gifted me her house

Was it reported to the IRS as a gift? Was she under any mental handicap or did you have undue influence over her? When did she die? What part of her estate is represented by the house? Was she advised by anyone not to give you the house and how did she react? Why did she give only you the house? These and other information must be posed before any attorney can even guess what will happen. You need an experienced estate attorney to look for legal solutions and gibe an objective opinion as to where you stand.

Re: My mother gifted me her house

You should get an attorney in CA, in the county where your mother's estate will be probated. If you call me I can give you a referral to a local (Tacoma) attorney who is also licensed in CA. Perhaps he'll have an idea who you should contact.

There are too many variables at play here for me to accurately predict the outcome of this problem.

First off, its in CA and I am not licensed there.

If this were in WA, so long as the gift transaction was in writing, and you can prove it, then it should be found an inter-vivos gift.

In WA, transfers of land are ineffective without a deed, and without recording the transfer with the county where the property is located.

You should have a deed, and have recorded the deed, and a written instrument of some kind memorializing the gift.

Probate in WA is fundamentally different from probate in CA. However, the principle issue of whether real property is part of an estate is a similar question anywhere.

I wish you all the best with this; this is not self-help law. Especially when real property is so valuable, you really need a local attorney who understands probate and real property to assist you effectively.

If this were here, I would be happy to help you.

Elizabeth Powell

Re: My mother gifted me her house

As you can tell from the prior attorney responses there are too many questions that need to be answered. You should consult with an attorney near where your mother died to discuss your options.

There are typically a lot of elements at play in something like this such as the emotional issues, feelings of unfairness that you were left something that they were not, etc.

Let me know if you would like to discuss.

Re: My mother gifted me her house

I currently have a similar case. You may be able to benefit from the common experience. Contact me directly.