Los Angeles, CA asked in Estate Planning and Probate for California

Q: My mother just Died and left the house to my daughter I wanted to know how to get the house back

One of my mom's friends show me a will That has no signatures on it an didnt lodge it Won't give me a copy of the trust if there is one And decided to take charge of my daughter zoey Who is mentally incapable of watching Herself

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2 Lawyer Answers
Maurice Mandel II
Maurice Mandel II
  • Newport Beach, CA
  • Licensed in California

A: In order for a Will to be effective, it has to be signed and the signature witnessed under specified conditions. You may have seen an unsigned copy. Even without a Will, the real property may need to go through probate for proper transfer. You need to find a Probate attorney to assist you. Without a Will, the property passes "intestate" via operation of law, the the deceased's heirs.

James L. Arrasmith
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
  • Estate Planning Lawyer
  • Sacramento, CA
  • Licensed in California

A: In a situation where your mother has passed away and left the house to your daughter, but you have concerns about the validity of the will and the actions of your mother's friend, it is advisable to consult with a qualified attorney who specializes in estate and probate law. They can assist you in assessing the situation, reviewing any relevant legal documents such as the will and trust (if applicable), and advising you on the appropriate legal steps to take. The attorney can guide you on how to contest the will or address any potential issues related to your daughter's well-being and the friend's actions. It is important to gather all relevant information and seek legal counsel to protect your rights and the interests of your daughter.

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