Summary
The user is involved in a dispute over a property inheritance in California. The property was transferred to the user and their sister via a Transfer on Death Deed after their mothers death. The sister, who is the executor of the estate, has offered the user $60,000 for their share of the property, which the user believes is worth $400,000. The sister is also seeking to remove the deed. The user is self-representing in a trial set for August 28. The user has taken steps to protect their rights as a co-owner, including changing the locks on the property. The user is seeking advice on how to contest the actions of the sister and the potential removal of the deed.Full Conversation
I have a trial set for the * of aug my sister is a co owner on a property that was transfered on deed when my mother died last year.In that time i was not aware i was * percent owner until they offered me a low amount. I refused there amount now there is a trial and part of the case is removal of deed how is this even possible my mom made this so it could not b devateable thank you
What state is the property located in? This will help me provide you with the most accurate information regarding property laws in your area.
California
What is the exact nature of the dispute? Are you contesting the amount offered or the removal of the deed?
Probate
What is the basis of the dispute in the probate case? Is it about the validity of the deed or the distribution of the property?
Removal of tod deed reformation rescission and declaratory relief
What is the reason given for the removal of the TOD deed?
Not sure something about my mom not wanting it ut only after not accepting her offer of my share
What evidence do they have to support the claim that your mother didn't want you to have the property?
A will from * and some email that wasnt notarized and both sisters were power of attorneys when she died
What is the content of the * will and the unnotarized email?
That my sister would b executor and have full control over delegation of properties but my mom had the money set to all of us on a pay on death bank acount and this property i grew up in on a transfer on death to avoid courts so its made up documents.
My sister was placed executor and has full control
What actions has your sister taken as the executor that you disagree with?
Her offer of * thousand for *
What is the estimated market value of the property?
* thousand
What evidence do you have to support your claim that the property is worth * thousand?
My property assesment and recieved property taxes
What is the assessed value of the property according to your property assessment?
*
What steps have you taken so far in contesting the actions of your sister as the executor?
I did not think she was placed until was made in the court
What actions have been taken in court regarding your sister's position as executor and the property dispute?
Im defending and a trial is set which makes no sense
What is the name of the court where your trial is set?
San bernardino county in california
What is the exact date of the trial?
August28
What is the name of your legal representative for this case?
Estate of hildebrand vs james ****
What is the name of your attorney representing you in this case?
Myself
What evidence do you have to support your claim that your mother intended for you to inherit the property?
The transfer on death deed is a rovocable deed she made in * and thats why property went into my name when she died
What is the reason given by the court for the trial?
No reason was given when i responded only a trial date set
What is the current status of the Transfer on Death Deed? Is it still in effect or has it been revoked?
Its active since my moms death
What is the reason given by your sister for wanting to remove the Transfer on Death Deed?
She dont want me even on property and claims i may have debts attached to property
What evidence does your sister have to support her claim that you have debts attached to the property?
None
What is the nature of the debts your sister claims are attached to the property?
None
What evidence do you have to prove that there are no debts attached to the property?
They cant attach on a inheritance esp a tod property
What evidence do you have to support your claim that the Transfer on Death Deed is still active?
Its in my name and hers
What steps have you taken to protect your rights as a co-owner of the property?
Put locks on house and was about to petition the sale but my siblings cept stalling
What evidence do you have to support your claim that your siblings are stalling the sale of the property?
They offered me * on my share
What is the reason your siblings are offering you $*,* for your share when the property is valued at $*,*?
Not sure but can the judge overthrow the deed its been in me and her name for a year and they did not want me to know
How can a tod b overturned
How can deed b canceled
Is a transfer on death deed removable and under what cause
Please how can deed be removed
What do i need to file
* is not fair
What is the reason you believe the offer of $*,* for your share is not fair?
TRY ME!
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