• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Suing over will - deed to house

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

jgomez5710

Junior Member
What is the name of your state? CA

There is a father and son that owes 50/50 of a house, but which only the son lives and pays for. The son then married someone that the father does not approve. The father will not relinquish his half, even if the son pays him off.

So now, the son wants to protect his 50% so that if something happens to him, he wants to pass on 50% of the house to his spouse (new family), but the father said that he will fight the 'will' if the son dies and the father will try to claim 100%, since the house was bought before the son got the new family.

What is the best thing that the son can do? Will a "will" protect his interest or can the father really sue and get 100%?

Should the son get a living trust instead? Can the father sue against the living trust?

Thanks for any help.
 


HomeGuru

Senior Member
jgomez5710 said:
What is the name of your state? CA

There is a father and son that owes 50/50 of a house, but which only the son lives and pays for. The son then married someone that the father does not approve. The father will not relinquish his half, even if the son pays him off.

So now, the son wants to protect his 50% so that if something happens to him, he wants to pass on 50% of the house to his spouse (new family), but the father said that he will fight the 'will' if the son dies and the father will try to claim 100%, since the house was bought before the son got the new family.

What is the best thing that the son can do? Will a "will" protect his interest or can the father really sue and get 100%?

Should the son get a living trust instead? Can the father sue against the living trust?

Thanks for any help.

**A: what is the current tenancy?
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top