Legal Question in Wills and Trusts in California
Validity of contract to distribute of real property
In a divorce agreement, party A (husband/recently deceased) contracted not to devise real property to anyone other than party B (former wife). Husband died and devised the real property to party C(his current wife). Party C recorded an Affidavit Death of Spouse indicating that the decedent devised the property in his will to her. Assuming the contract is valid would it be sufficient to invalidate the devise under the Will?
It is my understanding that Party C may not contest the validity of the Agreement. If so, how would we go about clearing title to the property, so that Party B can sell the property.
1 Answer from Attorneys
Re: Validity of contract to distribute of real property
This probably requires a quiet title action, unless an agreement can be reached with Party C. You should act quickly, as the statute of limitations for most claims against someone who's died is one year from the date of death.
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