Legal Question in Elder Law in California

Brother transfered title to himself.

After loosing our home in Sept. we went to stay with my mother. She is 78. In December my brother sent a letter to us telling us to vacate the property 10 days before X-mas. He then informed us that mother had Alzhimers and that he had durable power of attorney, and that he was now the legal owner of the property and we had to leave. Mother does not have Alzhimers, and she was not aware that her property had been transfered out of her name. Now we have been issued a notice of termination of tenacy, that has our names and ''all others in possession of the premises''. Can he legallly do this to us and his mother? Is the paperwork valid with the clause ''all others'' it does not preclude the mother so would it mean her also? She does not want us to go and told us to hire an attorney.


Asked on 4/11/08, 12:11 am

2 Answers from Attorneys
Terry A. Nelson Nelson & Lawless

Re: Brother transfered title to himself.

Hire the attorney, quickly, the brother is way over the line. Your mother will need to counter file against him if he has actually brought legal action for eviction or actually transferred the title. Feel free to contact me to get the legal help you'll need.

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Answered on 4/11/08, 12:34 pm
Phillip Lemmons, Esq. Phillip Lemmons APC, Attorneys at Law

Re: Brother transfered title to himself.

No he can't do that. If what your saying is correct, your brother committed financial elder abuse. If you need assistance contact my office tomorrow. We handle those types of cases all the time. If not us, make sure you find a probate litigator right away.

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Answered on 4/11/08, 1:22 am


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