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

Related Topics:
1 Lawyer Answer

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.

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.