Legal Question in Wills and Trusts in California
Five yrs ago dad quit claimed his house to my brother and me. The title was put tenancy in common. My brother died recently. Does the house go to me, or half back to my dad. He is listed in the will to receive my brothers inheritance. He doesn't want the house. He has estate rights. My brother and I pay the taxes and maintenance.
3 Answers from Attorneys
Yes the property goes to your dad after clearing probate. However, if within 9 months of death your dad can disclaim his interest. I suggest you find a probate attorney to assist you. It's possible we can qualify you for a small estate (under $150k) if the 1/2 interest is worth less than that. Good luck. -John
It might make the most sense for your father to just quitclaim to you again. But as Mr. Palley said, he will have to probate the Will first to get title in his name. He should consult an attorney. (but $!50,000 small estate procedure does not apply to real property, does it John?)
I agree that it probably makes the most sense for your Dad to inherit and then Quit Claim his interest back to you. If he merely disclaims his interest, then there may be other heirs at law entitled to claim a portion of that asset. You should consult with an attorney to review the specific documents and give you more specific legal advice.
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