Legal Question in Real Estate Law in California

My father signed a quick claim deed to my brother in 2008. My father always told me that my brother was on the house that I would be taken care of when he dies. My father passed this month and I found a copy of the quick claim deed. It leave sole ownership to my brother. I feel my father didn't understand what he was signing because all the witnesses and the notary were from one family. I feel my father was lied to, or he would of never said to me that I would be taken care of. Do I have any recourse on this?


Asked on 9/28/14, 8:19 am

1 Answer from Attorneys

Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Probably not; however, before giving up, there are a couple of things you can do to get a better total picture of the situation:

(1) Go to the office of the county recorder in the county where the house is situated, and check the records regarding this house, and anything else that has been recorded under your father's name. There may be something in the official records that will give you a different picture than you get just from something you found amongst his papers.

(2) Review all the papers in his belongings to see if there are any unrecorded instruments such as a will or trust.

(3) Speak with the notary, the witnesses, your father's attorney, his accountant, etc., anyone who might be familiar with his affairs, to learn additional details of his property and his intent at the time of his death.

(4) Consider discussing the situation with your brother.

(5) Retain your own attorney to review all this information and advise you.

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Answered on 9/28/14, 8:57 am


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