Legal Question in Wills and Trusts in California

What happens if a relative dies intestate and a cousin claims a "contract to make a will" promising title on real estate in the future - to be specific my brother dies after receiving a quitclaim deed (10 years ago) to his adoptive mother's home. Her nieces and nephews are now claiming that my brother promised to give back the house after his death. He never said so to me and I believe that they (nieces and nephews are mortgage brokers) will fabricate such a document. Help? Is the law different as of 2009 regarding contracts to make a will? Thank you.


Asked on 9/03/09, 5:42 pm

1 Answer from Attorneys
George Shers Law Offices of Georges H. Shers

A contract to leave someone something in a Will is not binding; I am not aware of any recent changes iln the law. But your brother had no Will. An oral promise to do something after you are dead obviously can not be enforced because you can not do anything once you are dead. As mortgage brokers they would have known this and insisted upon a trust, his taking a life estate only in the property, etc. to ensure they would recilve the property. If they bring in a phony document, the court will ask why it was not recorded.

Tell them to immeditely show you proof that the house goes back to his step-mother or they should stop bringing up an issue they can not win on. If they contilnue, you could sue them for inerference with a business matter in that you could sell the house if they did not conue to argue it wil become theirs.

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Answered on 9/04/09, 6:48 pm


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