Legal Question in Wills and Trusts in California
Problem with house left in will
My grandmother and Uncle M owned a house together.
The title was written badly so that it said Uncle &
Grandma instead of Uncle or Grandma. House was
intended to go to my Uncle upon Grandma's death.
Grandma died in 74. Problem w/ title discovered.
Uncle M contacted Uncle H concerning the mistake.
Uncle H said he wanted nothing to do with the house.
This was never put in writing. Uncle M died in 97. He
left everything to my mother. Now widow of Uncle H
wants "her share." Mom wants to sell house for
appraised value and give widow 1/3 of grandma's 1/2,
which is what we believe she legally deserves. She
wants more. Wants to get back rent, etc. Uncle M
paid all the taxes and costs related to the house and
kept the rent. Question-Can mom sell the house for
the appraised value or can aunt block the sale? If
house is put on market and no one
2 Answers from Attorneys
Re: Problem with house left in will
Your question raises a number of legal issues but the practical answer in real estate transactions is whether a title insurance company will insure a buyer's title as being free and clear of widow's claim. You can always try to sell without widow's consent, but you run the risk of widow going to court and getting an injunction that prohibits the sale from going through until the court resolves the title issue. This approach puts the burden on widow to spend legal fees if she wants to block the sale, but carries the risk for your mom that not just the widow but your buyer will sue her. You can initiate resolution of the issue by filing what is called a quiet title or declaratory relif lawsuit where you basically ask the court to declare the rights of your mom and the widow and to "quiet title" based on the court's decision. Whatever you do, be careful because in a rising (i.e., "hot") real estate market like we have today the risk of litigation is always high.
Re: Problem with house left in will
You will need to show the documentation to a lawyer. In addition, it may make a difference whether the previous estates went through probate or not. There might be a court order dealing with the issue. Lastly, you need to be very careful not to structure a settlement in a way that the IRS could argue that a gift was made. If a gift exceeding $10,000 is made, tax will be owing. If you would like assistance, please let me know.
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