Legal Question in Wills and Trusts in California
Probate or settlement
My mother died in 2000 with
no will. Prior to her death, she
signed a grant deed for her
house placing it in my
brother's name and his wife's
because they were financially
more stable than I at the time.
My brother sold the house last
month, and I would like to
avoid the time and cost of
probate if possible. Would a
contract or settlement
agreement to divide the
proceeds of the sale suffice in
lieu of probate? Would he have
any legal right to deny me a
share of the proceeds?
3 Answers from Attorneys
Re: Probate or settlement
Unless I am missing something, the house passed out of your mother's possession 8 years ago. It is not part of her estate unless you can show some improper behavior by your brother in the granting of title to him. But you are waiting 8 years to do so, so you may be estopped from raising any arguments.
Mr. Stone is very correct that you should consult with an attorney first, but it does not appear to me you have any case.
Re: Probate or settlement
Yes. He has every legal right since he and his wife owned the house at the time of mother's death.
Re: Probate or settlement
Settlement is always preferable to going to court. Having a lawyer write the letter might help your negotiating position.
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