Forty years ago, my mother and I bought a house together in San Francisco area as the family residence and took title as joint tenants with ...

Question

Forty years ago, my mother and I bought a house together in San Francisco area as the family residence and took title as joint tenants with right of survivorship. Ten years ago, after paying off the note in full, Mom became ill and could no longer live alone. I moved in as her full-time caregiver, and gift deeded my share of the house to her so she could quality for a reverse mortgage to pay her medical bills.

Mom recently died without leaving a will. My five living siblings who know the history of the house are willing to submit a disclaimer to probate court to stipulate my right to sole ownership of the house. My concern is that the children of my deceased siblings may feel they have just won the lottery, and may not be amenable to signing such a disclaimer.

Under these circumstances can I file suit in equity for a judgement declaring me as rightful owner of the house despite the laws of intestate succession which would award the shares of my deceased brothers to their children, even though the decedent brothers would not have wanted such an inheritence themselves? What are the prospects for success for such a suit?

Answer

It's more complicated that that - disclaimed property passes as if the disclaiming person predeceased your mother - so, the share of a sibling who disclaims passes to his or her children, if any, and so on. They'll have to disclaim too. Or, your siblings could assign to you their interest in the trust, which would result in a prop 13 reassessment.

Can you sue? Sure. Will you win? It's difficult to say. Normally a contract to devise property must be evidenced by a writing (signed by your mother). You can argue "detrimental reliance" in that you transferred the property to your mother in return for her promise to leave it to you, but there's no guarantee of success - much depends on what evidence you can provide showing that your mother made such a promise, assuming she did so.

Answer

You could bring an action under a theory of constructive trust. Whether it would succeed depends on the evidence which cannot be evaluated in an internet Q&A forum.