Antioch, CA asked in Estate Planning and Probate for California

Q: Need a estate answer ,I live in ca

My mother passed away 4yrs ago ,she did not leave a will ,my sisters and I are in our late 60’s,so we decided to notarize forms to give house to grandson’s,I have changed my mind can I revoke the for ,me and my sisters we’re not on house deed only my mother

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3 Lawyer Answers
Julie King
Julie King
Answered
  • Estate Planning Lawyer
  • Monterey, CA
  • Licensed in California

A: If the real estate was in your mother’s name, your siblings and you must go through the probate court process to get the legal authority to sign your mother’s name on the deed giving the property to whomever you want. Without a court order authorizing a specific person to sign on behalf of your mother, no one can legally sign any deed in your mother’s name. On the other hand, if you gave up your right to inherit part of your mother’s real estate, a lawyer would have to read what the document said. I hope that helps!

Howard E. Kane agrees with this answer

Howard E. Kane
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Howard E. Kane
Answered
  • Probate Lawyer
  • Oakland, CA
  • Licensed in California

A: I agree with attorney Julie King. You should take advantage of a free consultation and discuss the situation more thoroughly with an attorney. You should provide copies of all relevant documents via email so that this can be carefully evaluated. I suspect that the notarized document can be revoked, however, some legal research may be required.

James L. Arrasmith
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Answered
  • Estate Planning Lawyer
  • Sacramento, CA
  • Licensed in California

A: If your mother passed away without a will in California, her estate would typically be subject to the state's laws of intestate succession. As you and your sisters were not listed on the house deed and there was no will, the house would likely be considered part of her estate and distributed equally among her surviving children. Reversing the transfer of property, as stated in the forms notarized to give the house to your grandsons, may not be straightforward. The legal implications depend on the specific circumstances and the proper execution of the transfer. To obtain accurate guidance, it is crucial to consult with a qualified attorney specializing in estate law in California. They can assess your case and provide personalized advice based on the relevant laws and regulations.

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