Q: Title for a property my mom owned before she passed is being put into my dads name via a Spousal Petition this Friday.

A: I am concerned that the lawyer's plan will result in your mother's brother receiving a portion of the property which would otherwise transfer to you and your sister. I would ask the lawyer to continue the hearing for a couple of weeks while you obtain an attorney to review all the pleadings (the Petition, Proposed Order, ect.) before you disclaim your interest. If he refuses (especially if you signed the disclaimers already) I'd recommend that you appear at the hearing and ask the judge to continue the matter while you obtain independent council to explain your rights to you. I'd also note, if true, that you were previously acting under advice of the attorney who was hired by the other property owner and that this creates a conflict of interest. Even if the attorney agrees to continue the matter, I would still appear at the hearing to obtain the continued hearing date and make sure the attorney follows though.

Here is my concern explained:

If you mother owned her interest in the property as separate property (not community property) and did not have a will or a trust, then that property goes to her intestate heirs. For a married person with more than one child, 1/3 of the separate property goes to the surviving spouse and the other 2/3 to the children in equal shares, issues (children) of pre-deceased children taking their parents share. (The surviving spouse also gets all of the community property.)

By you and your sister disclaiming an interest in your mother's estate, the law will consider that your mother died without issue (that is children or other descendants.) This does not mean that your Father inherits all of your mother's separate property.

Where a married person dies without issue (descendants), but is survived by parents or issues of a parent or parents, 1/2 of the separate property goes to the surviving spouse and the other 1/2 to the decedent's parents or the parents issues. (Probate Code s. 6401 and 6402.)

Based on what you've said, the spousal property petition will transfer your mother's interest in the property to 1/2 to your father and 1/2 to your mother's brother (I assuming your mother held her interest as her separate property, otherwise your disclaimer would not be required. I also am assuming that your mother's parents are deceased.) A probate of the share going to anyone other than your father will be required unless the interest in the property is valued at $50,000 or less.

In the end, your father would end up with a 1/4 interest, while your mother's brother ends up with a 3/4 interest. (His original 50% interest and one-half of your mother's 50% interest, assuming your mother and her brother owned equal shares in the property.)

Of course, a full, complete, and accurate analysis requires a complete review of the pleadings and other documents (such as the deed to the property.) I recommend that you obtain independent counsel to review the case and your mother's brother's attorney's plan.