San Rafael, CA asked in Estate Planning and Real Estate Law for California

Q: I have a situation and I know I need legal help but I am not even sure what type of Lawyer I would need.

My situation is regarding a property which is listed in my mothers name ( she just recently passed away) I have lived in this property for 22 years its my children's childhood home. Now that my mom has passed she had a trust which myself and my two siblings are executers of. The trust part is easy to handle BUT the property I am dealing with is NOT in her trust. It was put in her name many years ago when I was going through a divorce. ( I purchased it and my mother put her name on the day of the purchase so it was never in my name. It was supposed to be given back to me but as time went by it just never happened. Mom took out $250,000 worth of loans on my home so she took over the payments in order to pay her debt. Now my siblings want my home or each want a third of it. It was my money that bought the house yet they want "payback" for the payment she made, which were her debt anyway. I don't know if I need an estate lawyer, or another type of lawyer. I live in Marin County CA.

2 Lawyer Answers
Gerald Barry Dorfman
Gerald Barry Dorfman
Answered
  • Mill Valley, CA
  • Licensed in California

A: A real estate or probate/trusts attorney with litigation experience is a good fit for your issues. They will need to take a thorough look at the facts and your documentation. You may not be too happy with their analysis, unfortunately.

Thomas A. Grossman
Thomas A. Grossman
Answered
  • Palm Springs, CA
  • Licensed in California

A: You need to contact a Probate lawyer, and it would be helpful if the lawyer understands real estate law.

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