Legal Question in Wills and Trusts in California
Writing wills after a persons death and quick claiming proporty
My mother died without leaving a will. She has three grown children. Two live in California and I live in Alaska. My sister informed me that she was going to see an attorney on Friday to complete and will and quick claim my mothers house to her. This does not seem possible to me due to the fact my mother is no alive to sign off on a will nor the paperwork to quick claim my mothers house into her name. I am under the assumption that the property would have to go through probate.
That people could bypass this their would not be a probate court. I need some advice ASAP
5 Answers from Attorneys
Re: Writing wills after a persons death and quick claiming proporty
I have a hunch there has been a misunderstanding but who knows. You can not legally write a will for a dead person or do a quit claim deed after death. If a quitclaim deed were filed I would certainly look into the validity of it. Contact me to give me your mother's name, address, etc... and I will see if I can help. Sometimes I can do some quick "investigative" work which can give us some insight. We are located in Sacramento but do probate work in all of California. -John Palley, 916-920-5983 x405.
Re: Writing wills after a persons death and quick claiming proporty
under the facts which you have presented, such a will and deed would be forgeries. more information may be available with your mother's name, your name and the names of your siblings, and the property address.
Re: Writing wills after a persons death and quick claiming proporty
That may be what she wants, but unless the property is also in your sister's name as a joint tenant, the only way title can be changed is through a probate proceeding.
If you send the address, I can determine how title was held.
Re: Writing wills after a persons death and quick claiming proporty
Have an attorney or title company see how the title to the property is held--if it's joint tenancy, a trust or revocable grant deed, probate may not be needed. If it's held any other way, probate is likely. An attorney can tell you more after reviewing the latest deed on the property. If you'd like help with this, feel free to contact me.
Re: Writing wills after a persons death and quick claiming proporty
Certainly you need to retain counsel. I work in San Diego, Los Angeles, Riverside, Orange, Santa Clara, and, San Louis Obispo counties. Call me directly at (619) 222-3504.