Legal Question in Wills and Trusts in California
Quiet Title/Probate Issue
My father died intestate in 2004. He has 5 surviving children. Our stepmother survived him. This past year our stepmother contacted us through her attorney. She and our father met in 1989 because she was to buy his house. They began having an affair and married. According to her as part of the sale our father received a promissory note calling for payment of $17,000 over five years and secured by a second deed of trust on the property. Since they married our father told her she no longer had to make payments on the note but he never recorded a reconveyance of the deed of trust. Our stepmother now wants to refinance her home but cannot due to the lien which remains. Her attorney sent us a Small Estate Affidavit and Substitution of Trustee by Beneficiaries to sign. She would hold 50% in the promissory note and each sibling would hold 10%. She would be substituted as new trustee.
There is a great deal of animosity between our stepmother and us as well as between us siblings. She is threatening a lawsuit if we do not sign the papers. What are our options? If she files a lawsuit can we disclaim any interest and be rid of this issue?
1 Answer from Attorneys
Re: Quiet Title/Probate Issue
Normally the split would be 1/3 to spouse and 2/3 to the children under intestacy laws. Still, if payments were never made since 1989, it's doubtful the lien could be enforced, so a settlement sounds alright. And if you don't want to be tied with her, you can sign something relinquishing any claim you have in the note.
I'd recommend having an attorney look over whatever release you sign, though, as you don't want to give up any inheritance rights you may have to his house at the same time.
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