Madera, CA Estate Planning Law Firms & Lawyers

It may turn on how they held title to the property. If as joint tenants, then it all went to the wife the instant her husband died and, following her death, it goes under the laws of intestacy to her heirs and, only if she has no heirs would it include your friend. If it was held as community property, probably the same result, but if they held it as tenants in common, then your friend, under California law, may be entitled to share in it.

I suspect that the only thing that you can do is to hire an attorney to investigate the matter. If you know who, what attorney, your mother consulted with regarding her estate plans it is possible that there may be a copy of the well in his file. Additionally, if there is no will the property would generally, under most state law, be equally divided to the heirs, in this case the children. Additionally, it would seem that there is some question at least in your mind about the propriety of your sister's use of your mother's power of attorney granted her. Again, I would recommend you seek the help of counsel.

Without a quitclaim deed, there is no way to avoid a court proceeding. The new trustee cannot simply sign a quitclaim deed and transfer the property to the trust. There may be a way that you can file with the court and have decided what is called a Heggstdad petition to transfer the property into the estate. If all the beneficiaries agree that the property should go into the trust and all rules are complied with, the court should approve the petition and allow the transfer without probate. This will likely require you to retain an attorney, however.