Legal Question in Wills and Trusts in California

Property

My mother invested in some property with my sister and her husband years ago. They never put her name on the deed and she has recently passed away and NOT to anyone's surprise, they aren't acknowledging her investment or share in the property. I have found recently cancelled checks paid to them for property taxes and other expenses in relation to the property and was wandering if those are enough to pursue anything. My siblings are concerned as My mothers share now would be over $20k. There are NO other assets of my mothers so there is no probate at this point. I'm also not sure if the property value would even offset the Legal costs that would be involved to everyone. thank you for your help!


Asked on 1/24/08, 3:01 pm

1 Answer from Attorneys
Mitchell Roth MW Roth, Professional Law Corporation

Re: Property

There is the possibility of pursuing an equitable lien, probably not a constructive trust because the "dead man's" statute precludes testimony about oral statements of a deceased person. So I assume that the amount involved is considerably less than $20k. Unfortunately, small claims court does not have equitable jurisdiction. The amount involved is not,in my view, worth an attorney's time or expense.

Sorry you lost your mother and the circumstances are made worse by this kind of situation.

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Answered on 1/24/08, 6:09 pm


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