Legal Question in Wills and Trusts in California

Lien on Real Property

I need to prevent my sibling from selling or transfering real estate property we inherited before the will is probated. The property is in her name. How can I do this? With a lien or what? Thank you, Robert


Asked on 2/20/06, 4:05 pm

2 Answers from Attorneys
Christopher M. Brainard, Esq. C. M. Brainard & Associates - (310) 266-4115

Re: Lien on Real Property

Well your question doesn't make sense in that the property is in her name, yet you state that it is the deceased's property that must pass through probate. If it is in her name illegally or improperly through fraud or something let me know -- you would cloud title with a Lis Pendens and sue, but I would need more facts so as to evaluate the case.

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Answered on 2/20/06, 5:25 pm
Donald Field Donald L. Field, Jr., Attorney at Law

Re: Lien on Real Property

If the property is held in the name of your sister already, then it does not matter what is provided in a will or trust. Only if there was fraud, duress or undue influence (or the tranferor was incapacitated at the time) can the transfer be challenged.

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Answered on 2/20/06, 5:37 pm


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