Legal Question in Wills and Trusts in California

Before my dad passed away my brother took him to redo his will. Everything was now going 100% to my brother with the exception of dads home. My dad granted my brother "

sole executive use of the house". When I looked up the deed it states that my brother owns 100% with executive use. BUT it also states that me and my brother own 50% of the home. I'm confused, why would it state that we are 50/50 owners and at the same time states that he has 100% ownership, when in fact it also states on the line below it 50/50? The attorney told me that if my brother was to pass away I would NOT get his 50% that he can will that to whomever he wants. He also said that if I were to die I would have to will my 50%, that my brother would not automatically own my 50%. I guess what I am hoping for is that I would have some legal right to move in as well. I am going to be evicted soon as my landlord decided to raise rent by $1000 and is also demanding a $2000 deposit. If you could please help me. By the way the attorney that changed my dads will knew my dad had dementia and didn't know what he was signing, but did it anyway. Its been eight years but my brother destroyed our family, things that were supposed to go to my kids was taken and they did not get to have the items promised to them even though those items were not worth anything in money it was sentimental gifts. Thank you. Lisa


Asked on 6/25/22, 12:00 am

1 Answer from Attorneys

Timothy McCormick Haapala, Thompson & Abern, LLP

There is no such thing as "executive use" in land title or ownership. I suspect you mean "exclusive use." If what it says is "exclusive use" that means as long as he lives he is the only one who has the right to live in the house. It is WAY too late eight years later to contest the will on the basis that your dad didn't know what he was signing. That had to happen right after he died.

It sounds like what your landlord is doing may not be legal. I suggest you reach out to a tenant's rights group such as https://www.tenantstogether.org/ or try some of the resources on Congresswoman Torres' website: https://torres.house.gov/stay-informed-coronavirus-covid-19/guidance-renters

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Answered on 6/26/22, 10:51 pm


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