Legal Question in Wills and Trusts in California

Can I get paperwork drawn up to halt the sale of a lot in Perris, CA? I am the daughter and my parents passed away and my brother made mom sign and change the Grant deed to her name and his name 6 years ago when she had dementia both parents are now deceased and now brother is asking us to sign an Affidavit for Heirship and willing to pay each sibling $5,000 each so the escrow will go through. There are 3 siblings and only two want money. I want to stop the sale. Is there a form I can get signed and notarized stopping the sale or is another form needed? We have not sent the Affidavit for Heirship unless we get more money. My brother has now said our deadline which is Oct. 21, Monday to turn in the Affidavit for Heirship.

Asked on 10/19/19, 7:15 pm

1 Answer from Attorneys

Charles Perry Law Offices of Charles R. Perry

You need to speak to a lawyer about this, as you unfortunately do not provide enough information to answer your question. You'd also want that advice to be confidential, instead of in a public forum like this.

Depending on additional facts, it may not even be necessary to have paperwork drawn up. Your brother's offer also suggests that he thinks he needs your consent for the sale to go through -- which means that rejecting his offer would be enough to block the sale at least temporarily. Again, I cannot say for sure that this is correct. I'm just saying it's a possibility. Much will depend on whether your mother had a will or trust, and how title to the property was held (e.g., joint tenancy or as tenants in common).

Again, you need to confer with an attorney to get advice here. That may cost you a bit of money, but it is the only way to get assurances of your rights. There are many fine lawyers here on Lawguru; I suggest you look through the list and contact one or two that you think could help you.

Cordially yours,

Charles R. ("Rick") Perry

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Answered on 10/19/19, 11:25 pm

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