My brother wants to take my house from me in probate court. need help.?

It was my grandmas house which about 6 years ago put my name on the grant deed as joint tenants. I live in California. She recently passed away and I did an affidavit of death of joint tenants resulting in transferring title solely to me. My younger brother lives with me and has been in the house rent free for years. He now says it's his house because grandma verbally gave him the house (huge lie) and I brainwashed her to put me s joint tenants. He is fighting an eviction from me. He collects unemployment and sales drugs. long story short, can me being on the grant deed avoid a long and costly probate court just because my no good brother roommate wants the house for himself. unfortunately there was no will only her putting me as joint tenants with survivorship..

3 Answers

  • Mike
    Lv 7
    7 years ago
    Favourite answer

    Probate court has nothing to do with your situation. Title automatically passed to the surviving joint tenant (you) on her death and there is no need for the house to be mentioned in the Will. The court hearing your eviction proceeding will not consider his claim if you show the deed naming you as joint tenant and a copy of your grandmother's death cert.

  • John S
    Lv 7
    7 years ago

    In addition to what Mike correctly says, for Grandma to transfer the house to him there would either have to be a sale (which cannot be done orally), or a gift (which would have to be reported to the IRS because the house is certainly worth more than $13,000. Moreover, if you are legally a joint tenant, she could not sell or give away the house without your approval (both parties in a joint tenancy own a full, undivided interest in the property).

    You own the house now, probate is irrelevant.

    Source(s): 35+ years as a criminal defense attorney
  • ?
    Lv 7
    7 years ago

    No he cannot take your house.

    Since Grandma passed away without a will, probate court is just a formality.

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