Legal Question in Wills and Trusts in California
Can my sister do this?
My father died 2 years ago and left no will. He was married and his spouse took title to the home without probate. The deed of trust was held has tenants in common. I found out that my sister is now trying to claim half of the property as hers since my dad died without a will. Can she do this? and if so what rights do I have to my share? If I want to pursue my claim . . . how do I go about doing this. Thanks.
3 Answers from Attorneys
Re: Can my sister do this?
Unless your sister has already done so, you need to file a petition for probate to obtain your intestate share of your father's estate. You should also check the deed for the property as the deed of trust is not controlling as to ownership.
Re: Can my sister do this?
You can challenge title with quiet title action. Let me know if you neede assist.
Re: Can my sister do this?
First thing is to check the deed to see if really tenants in common. Once that is determined then you can file a competing probate petition. Timing is important so do not delay in hiring a competent probate attorney. If in Northern California, please call me as we are based in Sacramento and do a lot of this type of work. Good luck! My direct line is 916-920-5983 x405.
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