Legal Question in Wills and Trusts in California

Re: probate

The first thing Mom should do is contact a lawyer who knows the laws on "financial abuse of the elderly" and go after the "bad son" for fraud. More and more probate specialists are becoming familiar with this area of the law (unfortunately - because that means it's happening a lot). You might also check with lawyers who belong to "NAELA" (National Academy of Elder Law Attorneys) at naela.org - although anyone can join, it at least means the members are interested in elder law. I believe you can also review members' areas of interest and experience online.

If the deed is still in joint tenancy, son only gets the house if he outlives Mother. I'd suggest that mother also immediately execute a new deed (son does NOT need to sign it) converting the ownership to tenancy in common. That way, mother's half of the house goes to whomever she wants to leave it to.

Mom should also prepare a will/trust leaving her entire share of the house to the other children and specifically state why she's not leaving it to this son (note that saying that the "bad son" will only receive a dollar if he contests the will isn't very useful - California is even thinking of repealing these so called "no-contest" provisions in the law).

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.