QUESTION

A year ago my mother and I went to a escrow company and added me to the house she owns.had it notarized and everything since then my bother and my sis

Asked on Dec 19th, 2016 on Real Estate - California
More details to this question:
In law have been trying to find way of undermining this..my question is since iam in the house as second owner in case of her death.if I don't sign anything.thiers nothing they can do? They toke her over the weekend and had a will of hers notarized.but it's only good if I pass away first? Then her will can take affect? Or if she passes away first is her will any good..?
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1 ANSWER

Real Estate Attorney serving Oakland, CA at Sack Rosendin LLP
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Your mother needs to meet with an attorney, by herself, tell that attorney what she wants done, and have that attorney prepare the appropriate paperwork to make sure that your mother's wishes are respected. Dueling children getting her to sign different deeds and wills is elder abuse and despicable. All of her property, including the 1/2 interest in the house which she gave you, should all be put into a revocable living trust. She can change it whenever she wants to. She can take property out of it and add property to it. She can even cancel it any time she wants to. It will keep the family out of court when she passes away.  Your question raises many questions. For example, was the deed of an interest in the house to you, ever recorded? Did she give you that deed? What kind of interest was transferred by that deed, if any? Notarizing a will does not make it valid. Was the will prepared correctly? And of course, what does it say? Yes, if a deed of some percentage interest in teh home has been conveyed to you on the county real estate records, then that percentage interest no longer belongs to your mother and would not be affected by her will. After she passes, if different people end up owning shares of the home, any of them can force the sale of the home by a petition for partition.  Your mother should hire a lawyer to make sure that whatever she wants, that the paperwork is set up to fulfill her wishes. Dana Sack  
Answered on Jan 08th, 2017 at 12:37 PM

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