Oakland, CA asked in Real Estate Law and Probate for California

Q: What can I do about property owned by my dad forced to give to mother and mother giving it to her daughter after passing

My father passed July 18 22 . I learned a couple months prior, that my controlling mother separated 40yrs made him change everything from my name to hers by telling him he would not have health coverage if she divorced him and he owed her. He told me this and she also told me it was not my business and he owed it to her after confronting her. My mother passed Oct 5 22 and found she willed my dads home to my step sister. I am so upset bcuz he told me I would be owning that and his truck and would be ok when he dies. I was able to get mom to give me back his truck but I don’t know what to do about his home. The title says survivorship rights. Thank god he didn’t give her on purpose his bank account and he also took her off his life insurance and kept me only in secret. My mom hated him and told us constantly how he would not get anything of hers if she dies first. Is this something I can fight against? who would kick a daughter out of their real fathers home to give it to a step daughter

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1 Lawyer Answer
Joshua D. Brysk
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  • Probate Lawyer
  • Pleasanton, CA
  • Licensed in California

A: You would have to first prove that his transfer to her was not voluntary (under undue influence, lack of capacity, or fraud) and it took place within the statute of limitations. The claim (if any) belongs to your father's estate and would have to be filed through probate court. Talk to your step-sister and explain the situation hoping for some compromise.

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