Legal Question in Wills and Trusts in California

will deed hold up?

My step-dad signed over his deed to his house in front of 2 witnesses and a notary. The new deed was recorded with the county. 10 days later my step-dad passed away. He died from prostate cancer. He has 2 bio-sons. Even though he wanted me to have the house, his sons are going to do what ever they can to contest it. I think they are going to claim that he was mentally incompetant. Which he wasn't . what do they need to prove that he was mentally incompetant? I am afraid of what my step brothers are capable of. What are my chances of keeping the house? and what chances do my step-brothers have of contesting the deed? could I lose everything? HELP, [email protected]


Asked on 9/14/02, 6:56 am

1 Answer from Attorneys
Ken Koenen Koenen & Tokunaga, P.C.

Re: will deed hold up?

They will have an uphill climb. The grant deed, if properly executed, will be the most convincing evidence of his intent. They will need to prove (not just allege) undue influence in order to have the court make a change.

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Answered on 9/14/02, 4:01 pm


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