Legal Question in Wills and Trusts in California

My brother has started probate on my deceased father estate (died 1/1/14) and included property that my father deeded solely to me 8 years ago. How can I have the property removed from the estate as it did not belong to my father at the time of his death


Asked on 4/23/14, 11:38 am

2 Answers from Attorneys

Scott Jordan Jordan Law Office

Did you record the deed? If not, you can still record the deed.

You should contact your brother or his attorney and tell them that the property belongs to you and you have the deed to prove it. Depending on how he responds (i.e. he could claim the transfer was fraudulent) you may or may not need to consult with a local probate litigate attorney to defend the transfer.

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Answered on 4/23/14, 11:57 am
Len Tillem Tillem McNichol & Brown

Was the deed granting the property to you recorded? If it was, then your brother would have to file a petition under Probate Code section 850 claiming that the estate should own the real property in question. He can't just add it to the estate Inventory & Appraisal. If he does you should certainly file an objection. It's probably best under your circumstances to review the case documents with a trusts and estates attorney.

If the deed granting you the property was not recorded, then you may have some problems, but you could file a Probate Code section 850 petition of your own, with the help of an attorney.

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Answered on 4/23/14, 12:00 pm


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