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Before he passed away suddenly my deceased father bought me a condo for cash

San Francisco, CA |

He intended it to be mine but didn't sign it over to me and made no mention of the new property in his will and when he died unexpectedly and suddenly the condo automatically went to my step-mother.
My brothers are executors and have said my step-mother and they agree that we can sell the condo so I can move back to Europe and use all the proceeds to buy a new property for me in Europe.
Trouble is they won't sign anything and we are all basically estranged.
They expect me to take their word for it and they have promised .. my brother is very well known in the UK
What should I do? The condo was bought for 350K and will sell for 650K approximately
I would highly doubt my step-mother would agree to such a thing and renege. Does the money from sale go straight from escrow into her own bank?

The idea is that she would effectively own the second apartment in the UK and I would live in it permanently I am not contesting ownership - just worried that if i sell he home I have lived in for 12 years and money is wired to her account what safeguard do I have in case she goes delirious (j/k) and keeps the money She inherited substantial amounts of money and assets from my Dad so I hardly think she needs the proceeds from the sale. What to do? Very confused and I *must* leave USA and return to UK for very personal and health reasons.

Attorney Answers 2


  1. Best answer

    You are in a tough spot. Absent a writing establishing your entitlement to the apartment your rights are very limited. Your relationship with your family is apparently such that you don't trust their assurances and you don't think they will sign anything. Prodding them may have just the opposite effect from what you want. You need the advice of a probate lawyer in the place where your father's will is being probated. A skillful litigator who is also a skillful negotiator may be able to help you but it's a tall order.

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  2. I agree with Mr. Brophy's assessment of your situation. You should contact a probate attorney where the Probate is taking place. You should gather as much information regarding the circumstances you have described so that you can have a thorough and in depth conversation with local counsel. Best of luck.

    When responding to questions posted on Avvo, I provide a general purpose response based on California law as I am licensed in California. In reviewing my response, you are specifically advised that your use of, or reliance upon any response I provide is not advisable. I do not have all relevant background details or facts related to your issue / matter, thus I am not in a position to give you legal advice. Further, your review, use of, or reliance upon my response does not establish an attorney-client relationship between us nor does it qualify as a legal consultation for any purpose. 

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