Reedley, CA asked in Civil Rights, Contracts and Probate for California

Q: Would I have rights to my house, if my moms dying wishes, with out a will, & possibly just a verbal agreement

Would I have rights to my house, if my moms dying wishes, with out a will, & possibly just a verbal agreement, were for her sister, my aunt, to buy a home for me & my brothers, which she did, but she never put our names on it, only hers, her husbands, & Garza Trust, are on deed, & she has taken most if not all of the equity, & now she has stopped talking to us just because we asked her questions about the house. Please let me know what you think, thanks

1 Lawyer Answer

James Edward Berge

Answered
  • Estate Planning Lawyer
  • San Jose, CA
  • Licensed in California

A: All agreements concerning real estate must be in writing, so you would probably lose on your contractual claim, but you might succeed if you could prove with clear and convincing evidence that your aunt intended to deceive your mom and profited from that deception. Your claim would be based on tort law, including fraud, misrepresentation, duress, mistake of law or fact, undue influence, and/or lack of incapacity. Find a good trial lawyer and see if you have a case. This is likely not a case that you can handle on your own. Good luck!

Bruce Alexander Minnick and Louis George Fazzi agree with this answer

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