Q: I have cousins trying to to take my house that was left to me in a will by my grandma via notary Is that possible?

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

A: In California, if a property is bequeathed to you in a will, your right to the property is generally protected. However, the validity of the will itself can be contested. If your grandmother's will was properly executed and notarized, it typically stands as a valid legal document.

Your cousins can attempt to contest the will if they believe it was made under duress, your grandmother lacked mental capacity, or there were issues with how the will was executed. These challenges can be complex and require substantial evidence.

If the will clearly leaves the house to you and there are no valid grounds for contest, then your cousins' attempts are unlikely to succeed. However, legal disputes over wills can be lengthy and may require you to actively defend your rights.

It is advisable to consult with an attorney who has experience in estate and probate law. They can help you understand the specifics of your situation and guide you through any necessary legal proceedings to protect your inheritance.

Nina Whitehurst agrees with this answer

Yelena Gurevich
Yelena Gurevich
Answered
  • Estate Planning Lawyer
  • Studio City, CA
  • Licensed in California

A: Wills do not normally get notarized. To get a real answer to your question, gather all the documents and speak to a probate attorney asap.

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

A: Transferring real estate from one person to another must be done in writing and the document must contain specific language showing it was the intent of the owner to transfer their ownership to the other person. If your grandmother did so in her will, then it’s likely you won’t be able to transfer the deed (ownership) into your name without a court order. You should contact a probate attorney to learn more about the probate process and how strong your cousins’ case would be. Determining the strength of their case will depend in large part on the language in your grandmother’s will. Best wishes!

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