Los Alamos, CA Estate Planning Law Firms & Lawyers

No, in California, following an estate distribution in kind, they own the home as tenants in common, each as to an undivided one-half interest, and can each leave their respective half to whomever they choose. Only if they agreed to deed the property to themselves as joint tenants with the right of survivorship would the last one living end up owning it all. If one of them is unhappy with the way things stand, a Petition for Partition and Sale can be filed in the county where the property is located, which, if the petition is granted, forces the sale of the property even when one of them is opposed to the sale. Generally, such a petition will be granted by the court if it is shown that it would be inequitable or result in waste to leave it the way things stand.

The clearest way to get the house back is to have the kids sign a quit claim deed back to you. Or you could sue them for breach of contract, requesting a court order that the property be transferred back to you or a lien be placed on the property.

You really should not do this. Self-dealing is a breach of your fiduciary duties. Also, there are tax consequences to transferring property during life, as opposed to inheriting it. Finally, if your mother were to need assistance from the state's Medicaid program, your gifts to yourself would disqualify her for a period of time.