What is the name of your state? California
Hello, I have a bit of a problem, I think it'd be helpful to give some background information.
I'm not sure if this belongs in this forum or in family law...sorry if it's in the wrong forum.
A little over 2 years ago, my mother passed away from cancer. She was in the hospital for a little under year, so there was plenty of time for her to prepare a will. I know for a fact she did so before she went into the hospital, and I think, but am not sure if she made changes to it while in the hospital. She had a house, a van, some investments in the forms of cd's at various banks. They all were going to go to me, since I am her only child, and she divorced my father a couple years back.
However, it did not work out this way. My father came in, and decided to help by putting the house under his name. I could not make payments or anything at the time. My mother agreed to him living in the house and it being under his name under the condition that it be for me. She wanted nothing more than for me to live comfortably and if I so desired when I went off to college to sell the house and use the money for an apartment, books, tuition, etc. After she passed away, my father and I lived together in that house. It only lasted less then a year. He found a girlfriend, and kicked me out of the house. Now apparently it was his house and for some reason he thinks my mother agreed to that. The only reason I am not homeless right now is because some close family friends took me in. They, including other family friends all heard and know what my mother wanted for me. Only my father seems to have heard different.
Before I was kicked out, I tried to find my mothers will. I could not find it, so I am assuming my father destroyed it. The only thing I did manage to get was the money in the cd's which were in a joint account. He got the house, and sold it. He currently lives in a new house, has I think two new cars. So is living fairly well. He even said to me "money is not an issue anymore".
I have tried to reason with my father but he has denied all of my requests to do what my mother wanted. So I think the only other thing left is legal action.
So now for my questions:
Am I legally entitled to my mother's house? I know of a will that existed, but my father did something with it. I have multiple witnesses that say she was only putting the house in his name to take care of it for me. I know oral contracts mean nothing, but we never thought he would ever do this. And I don't think he has anything in writing either. If by the small chance he does, would it be legal? The only way she would sign anything saying he was right to take everything would be if she didn't know what was going on. Which is what she was like at the end, under heavy morphine.
Thank you for reading all of that, I'd appreciate any similar experiences and or advice on this matter.
~AlexanderWhat is the name of your state?
Hello, I have a bit of a problem, I think it'd be helpful to give some background information.
I'm not sure if this belongs in this forum or in family law...sorry if it's in the wrong forum.
A little over 2 years ago, my mother passed away from cancer. She was in the hospital for a little under year, so there was plenty of time for her to prepare a will. I know for a fact she did so before she went into the hospital, and I think, but am not sure if she made changes to it while in the hospital. She had a house, a van, some investments in the forms of cd's at various banks. They all were going to go to me, since I am her only child, and she divorced my father a couple years back.
However, it did not work out this way. My father came in, and decided to help by putting the house under his name. I could not make payments or anything at the time. My mother agreed to him living in the house and it being under his name under the condition that it be for me. She wanted nothing more than for me to live comfortably and if I so desired when I went off to college to sell the house and use the money for an apartment, books, tuition, etc. After she passed away, my father and I lived together in that house. It only lasted less then a year. He found a girlfriend, and kicked me out of the house. Now apparently it was his house and for some reason he thinks my mother agreed to that. The only reason I am not homeless right now is because some close family friends took me in. They, including other family friends all heard and know what my mother wanted for me. Only my father seems to have heard different.
Before I was kicked out, I tried to find my mothers will. I could not find it, so I am assuming my father destroyed it. The only thing I did manage to get was the money in the cd's which were in a joint account. He got the house, and sold it. He currently lives in a new house, has I think two new cars. So is living fairly well. He even said to me "money is not an issue anymore".
I have tried to reason with my father but he has denied all of my requests to do what my mother wanted. So I think the only other thing left is legal action.
So now for my questions:
Am I legally entitled to my mother's house? I know of a will that existed, but my father did something with it. I have multiple witnesses that say she was only putting the house in his name to take care of it for me. I know oral contracts mean nothing, but we never thought he would ever do this. And I don't think he has anything in writing either. If by the small chance he does, would it be legal? The only way she would sign anything saying he was right to take everything would be if she didn't know what was going on. Which is what she was like at the end, under heavy morphine.
Thank you for reading all of that, I'd appreciate any similar experiences and or advice on this matter.
~AlexanderWhat is the name of your state?