Family Member Fighting The Signing Over Of House

[joehoax]

state: California

My Grandmother recently passed away. I have lived with her and took care of her for 18 years. We were the best of friends, and extremely close, the whole family knows that. 4 years ago, my Grandma let my aunt and uncle and their 12year old son move in to help them financially. they paid no rent or utilities ever.

My Grandma owned the house we stayed at along with her son, as joint tenants. A year and a half ago the four of us (myself, my Grandma, her son, and my Aunt) had a talk. My Gramma said that she might think it would be best for her to leave her half of the house to myself and my Aunt when she passes.

Kepp in mind that was not a verbal agreement, just a thought she had in her head, and was almost 2 years ago. Since that time, my Aunt has lived in the house as a slob, literally to the point that child protective services could have taken their child away cause it was so disgusting (they had him living in the same room as them, same bed since it was such a small room, he is 12years old). I have photographic proof of their mess, and also bill stubs that they ran up (electric bill routinely 500$, never paid making me and my gramma pay).

Last month my Gramma got sick and was in the hospital for a month until her passing. I had visited her everyday, while my Aunt saw her 4 times in a span of a month. Being upset at my Aunt over the course of the last few years, my Gramma signed her half of the house to me, we had it notarized and 3 witnesses were in the room. Everyone in my family knew my Gramma wanted me to have her half and she did it completely willingly, as she also gave me her power of attorney.

After her passing, my Aunt is now furuious that she does not get the house and is pursuing a lawyer. Everyone in the family is against her and thinks she is wrong and knows she doesn't deserve it. However my Aunt is uising the one mention of putting her name on the house 2 years ago as her grounds to say my Gramma wanted her on and that she should be put on.

Does she have anything she can do? As I said, this is all legally done, witnessed, and recorded with the county. Can she fight it based on something that was said so long ago? Because when it came down to it, my Gramma gave it to me, not her. If so, what are her chances of having anything done?

Sorry for the long post, this is a tough situation at a very tough time for my family and she is making it worst. Any response is greatly appreciated.

[lwpat]

Anything regarding real estate has to be in writing so the "promise" two years ago has no legal effect. She may have a claim for "undue influence" but that is usually very hard to prove. I doubt her being able to find an attorney to take the case on a contingency. Is she still living in the house? If so I suggest that you and the son start eviction proceedings.

I don't know what the value of the house is but if she wins the house goes back into the estate and will be transferred per the will or intestate. Has probate been started and if so who is the PR and did she have a will. If so who would get the house?

[joehoax]

Sorry for my ignorance, I dont quite understand the whole probate process. My Grandma signed the house to me before she passed and I got it filed before she passed. She had a will from over 30 years ago (before I was born) stating her son would then get the whole house, he was also a joint tenant on the deed. Would probate effect the house even though it has already been transfered?

She didnt have anything else of real value, just personal belongings, however what would happen to those things?

[joehoax]

I just looked into my question about her personal belongings. In my grammas will it says my Grandpa is the sole beneficiery to her estate. It also says anyone who fights it will get nothing. Since it lists him to receive her estate, will that prevent it from going to probate?

[lwpat]

The only way probate would effect the house is if your aunt was successful in a claim for undue influence. She would have a better claim if she was to receive the house under the will. Since the house went to the son, even if she wins at undue influence, she still loses since the house would then revert to the estate.

An attorney might be willing to take on the case if she were to get the house under the will. I doubt any attorney will be willing to file anything based on a verbal promise that is unenforceable at law.

If the unlikely event that does happen, it should be disposed of on summary judgment.

If she is in the house, start eviction.

[joehoax]

Thanks for your help. We are having a whole mess of an issue with her. She insists that she is staying in the house 'until her name gets put on the deed' and that her lawyer is already working on it.

The 60 days cant come fast enough. I just hope she doesnt try to fight the eviction process too.

[lwpat]

File for eviction and if she doesn't move put her stuff on the sidewalk. She has been freeloading long enough.