Problem: Father died in 1992; property was left to my step-mother until her demise, and then was to be split between the children, 3 being my father's biological and one being step-mother's son. Step-mother passed in June of last year; we found out on-line 6 months later. Contacted step-brother and he said that ALL was left to him in a trust set up by his mother, and we were to get nothing. So, there is a BIG question of whether there ever was a Trust set up, and now he has property up for sale. The step-brother was never adopted by our father. We viewed a Will made by our father, but the day of his memorial, the step-mother told all of us to "go to hell" and never contact her again; which is reason that we were not around long enough to even get a copy of Dad's will. We would like to put a "lein on the sale" until we can contact a lawyer and see what rights we have.

Anyone out there know anything about this kind of deal? Have heard that step-brother is "not sleeping well at night" and wants this property sold fast ~ makes us wonder how valid his statements have been concerning this so-called "Trust"...

Look forward to maybe getting some guidance...

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Originally Posted by mowen

until we can contact a lawyer and see what rights we have.

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Hello mowen:

Seems to me you could hire a lawyer more quick than we can respond. Plus, you could COUNT on what he tells you. I would do that right now.

excon

Hello and thank you for your answer. I am on full disability and do not have the cash resource to hire an attorney. Next Thursday, I have an appointment with Legal Aid, but am a bit worried that this house could sell in the mean time. Should I call the realestate agent and let them know that this home's title is in question, due to inheritance issues?

Look forward to hearing from you.

Hello again, mowen:

I wouldn't interfere the sale. The house won't sell in a week. Next Thursday will do you just fine.

excon

Who handled the probate of your father's estate? If his will said that his wife (your step-mother) has use of the house until her death, then her "trust" is bogus. To help your legal aid attorney, you can be in process of requesting a copy of the probated will from the Riverside County Courthouse.

Also- request a title search of the property in question. If it is still in your father's name, then the step-brother won't be able to sell the property without a probated will (or trust) showing that he is now the legal owner.