Legal Question in Wills and Trusts in California

girlfriend claims property possession and filed lis pendens in superior court b

My Dad died and his girlfriend, who lived with him for about 10 years is claiming he orally promised her that he would leave her his home if she took care of him until his death. He had thyroid problems but he fully took care of himself. Her attorney had filed a lis pendens for possession and constructive trust through the California Superior Court. We also have a hearing soon in the Probate Court to determin ownership, which her attorney has answered with an objection. We (my brother & I) have many witnesses to support our side, including my Dad's financial advisor, CPA, dentist, friends, family members and also witnesses and video and photos showing that my Dad was out on his own without any problems walking, driving, etc. We do acknowledge that he had health problems, including shortness of breath, etc but he was able to take care of himself. He also knew that my brother or I would take care of him if he needed. The witnesses will testify that my Dad's wishes were to leave his home to my brother & I and that Sharon did not take care of him. What are her chances if any? How can we prevent a trial and get these frivolous claims dismissed? We do have an attorney but want to know if he's doing a good job.


Asked on 7/17/05, 4:41 pm

1 Answer from Attorneys
Scott Schomer Schomer Law Group

Re: girlfriend claims property possession and filed lis pendens in superior cou

Whether or not your attorney is doing a good job is impossible to determine from these facts. It is difficult to enforce an oral promise to inherit but depending on the circumstances it may be possible. You should take the matter seriously and be prepared to have all of these witnesses testify on your behalf.

Good luck.

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Answered on 7/17/05, 5:01 pm


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