Can children protest the name on deed of fathers estate – left no will?
My father died 25 years ago, having two properties with my mom & his name on the deeds. My father was the sole bread winner, and my mother never worked outside the home. He did not leave a Will. Recently, my mom went to a lawyer to draw up a living will, and is going to have my fathers name taken off the deed. Additionally, having my oldest sister be the executor of these properties and named as the sole person to decide what to do with the property as she sees fit after her death. There are 6 other siblings who don’t agree with this. Isn’t there something the 6 other children can do to protest the name change & somehow get these properties to be distributed amongst them?
Re: Can children protest the name on deed of fathers estate – left no will?
Probably not. I assume that the property was titled either as “joint tenancy” or as “community property”. If the property was held as “joint tenancy”, the surviving joint tenant (your mother) would receive it all. If it was “community property”, the surviving spouse (your mother) would receive it all. So in either case the result is the same.
Bottom line: if your mother wants to leave it to the mailman, she has the right to do it, as long as she isn’t being coerced.
But just because your oldest sister is being named as “executor” doesn’t necessarily mean that she has the right to do with the property as she sees fit. If the will (or trust) directs her to distribute the properties to all of you after your mother’s death, she is legally obligated to do so.
Let’s face it: someone has to be in charge of things after your mother’s death or disability. Many of my clients name their oldest child as “executor” or “trustee”. It’s not always a good idea, especially if all of the children don’t get along. In those cases it’s better to name a trust company, but many of my clients are reluctant to spend the money on a professional trustee.
This information is not intended to substitute for professional legal advice and does not create an attorney-client relationship. You should accept legal advice only from a licensed legal professional with whom you have an attorney-client relationship.
Janet Brewer
Law Office of Janet L. Brewer
460 So. California Avenue Suite 306
Palo Alto, CA 94306-1606
Re: Can children protest the name on deed of fathers estate – left no will?
If the house was held in joint tenancy, then there may be little you can do because joint tenancy comes with an automatic right of survivorship–meaning the property would go to your mother. If it was held as tenants in common, then you have recourse.
Phillip Lemmons, Esq.
Law Offices of Phillip C. Lemmons
10221 Slater Avenue, Suite 106
Fountain Valley, CA 92708