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

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.

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

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.