Legal Question in Wills and Trusts in California
Ruff Draft Legal or Not-------Probate
I witnessed and typed up a ruff draft Grant Deed. This person was named Joint Tenant, by his mother. The paper, was notarized, the family and myself also heard her wishes. Since the recent death, this paperwork may have been thrown out with some magizines. Now the house is in probate. I never filed the paper work because as I told the family this was just my ruff draft. Is there a way to remeidy this? The family never protested her wishes. I hope someone can answer this question?
2 Answers from Attorneys
Re: Ruff Draft Legal or Not-------Probate
If this was a rough draft, where was the final? I also do not understand why the rough draft was notarized, if it was indeed a rough draft. One of the requirements for a deed is "delivery", meaning the grantor (person signing the property away) give it to the grantee (person receiving the property) with the intent to grant away the property. From the facts described, it doesn't sound like she intended to give you the property in that particular "ruff draft" grant deed.
You should consult with a lawyer, and quickly, because if you do indeed have a claim to the property, it typically must be brought within four months from the time probate is opened.
Re: Ruff Draft Legal or Not-------Probate
Who in the hell are you. Are you an attorney looking to get out of the malpractice situation. Are you a private person who should have "tied up the rough draft" in any event. Your question is how can I cover my dariairre, touche, rear end or a... either way, you really do have a chutzpah. I would need a lot more detailed to advise you.I have been practicing law in this legal area for over 30 years and understand your problem well. I practice in the S.F. Bay Area and if you wish to contact me call at 925-945-6000.
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