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? Does he have any

legal right to deny me a share of the

proceeds?


Asked on 6/13/08, 6:26 pm

2 Answers from Attorneys
Frankie Woo Fiducia Legal

Re: probate or settlement?

I wouldn't want to be in your shoes right now. Title is already in his name, so no probate is necessary. Sales proceeds goes to the "owner". So, yes, technically he can deny you "your share". So be nice about it. There are several grounds you could try, but you have burden of proof and it would be very very very difficult to prevail, especially when your mom died 7 years ago. Probate might not really help you. Court could say that there is no probate estate since your mom deeded away the house before she died.

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Answered on 6/13/08, 8:48 pm
Mitchell Roth MW Roth, Professional Law Corporation

Re: probate or settlement?

Answered.

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Answered on 6/21/08, 6:08 pm


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