Legal Question in Wills and Trusts in California
Unresolved Property
My Father and Mother purchased some undeveloped land in the 1970's (CA). They got divorced in the 1980's, and the land is still in both of their names to this day. My Father remarried in the 1990s, but my Step-Mom's name was never put on the deed to this land. Both my Father and Step-Mom have passed away. This land was never addressed in the Will or Family Trust. I am a Trustee for the Estate, as well as one of seven beneficiaries. According to my Step-Mom (who has passed), it was her intention for this land to go directly to my mom, as her half (in my Father's name) was not of any interest to her. However, she told me that verbally and I don't have any documentation to support it.
Under California law, half of the land would belong to my Father and Step-Mom's Estate, and the other half would belong to my Mother. Since this land was never included in the Family Trust and the Estate/Assets have already been addressed in court, what would be the best approach for my Mother to take to resolve this situation? I would imagine that she would need to take this to a probate court, to decide the fate of the land. Is there anything that I could do on behalf of the Family Trust, to express our lack of interest in this land?
1 Answer from Attorneys
Re: Unresolved Property
This sounds like a very interesting situation. Too many variables to give you an answer here. For example, if less than $100,000 then a lot more options. Also, depending on who died first (dad or step-mom) can create differences. Bottom line, I am a Certified Specialist in Estate Planning, by the California Bar Board of Legal Specialization, and I would love to talk to you about your case. Please call me! -John
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