QUESTION

Will the right of survivorship exclude the old deed or should my wife and I prepare to lose the home?

Asked on Nov 05th, 2016 on Estate Planning - California
More details to this question:
A couple of years ago, my wife’s father passed and her mother needed help living. Mom had always told my wife that she wanted to leave her house to her someday. After mom's husband passed, she asked us to come live with her and help maintain the house as well as care for her needs. My wife has a sister who wanted to sell mom’s house and put mom in a home. My wife and mother decided to change the house deed to a joint tenancy between them with rights of survivorship. Now, fast forward a couple years after my wife and I had dedicated ourselves to caring for mom who ended up getting leukemia for half that time. We took her to all her medical treatments and care for her thru the whole process which was brutal. Well, now mom has passed and there appears to be an old trust that says to divide the house among all 4 living children. We feel the house should be ours and not have to divide with people who did not help during mom’s illness. The other siblings are now saying they are going to sue us and we are scared of losing the home.
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2 ANSWERS

Civil Litigation Attorney serving Ventura, CA at The Law Office of Robert I. Long
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Presumptively, your wife automatically ascended to title the instant your mother-in-law passed. However, her siblings may seek to set aside the deed as the product of undue influence or having been made at a time when mom lacked legal capacity to execute it. It could be a long and messy bit of litigation.
Answered on Dec 21st, 2016 at 5:13 PM

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You have left out several important facts that prevent us from giving an answer. In what state is the property? What does the Trust say about the property, was title to the house ever placed properly in the Trust, was there anything in the Trust language which would allow the property to be taken out of it, what effect did her husband's death have on the Trust and property, when she put your wife's name on the property did she know there was a Trust so you can argue by making the transfer of title she dissolved the trust, if she said she would compensate you for your help by giving you the house you can not enforce that as a transfer of title to real property must be in writing but you may be able to sue for the value of the work you did, did you pay for any of the repairs on the house so you can claim a right of reimbursement for that, how much equity is there in the house, is there a Will, did the Trust language prevent her from transferring the property out of the Trust, was anything done to show the Trust was dissolved, who will probate the property, etc. ?You need to go to an attorney to review all these issues, and more, to see where you stand; then you probably should sit down with all the other siblings and tell them how much of a burden it was and what it cost you and none of them did anything and then tell them why legally you would win title and are they willing to spend a large amount of money on an attorney to fight you when all they individually could get is 1/4 of the equity less costs of the sale [house may have to be fixed up somewhat so can sell for higher price, etc.]. You have to consider if you are willing to settle with any of them and for how much.
Answered on Dec 10th, 2016 at 6:47 AM

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