Legal Question in Elder Law in California
My grandmother unknowingly signed a grant deed while on a visit to the doctor's office with my aunt a few months ago. My aunt's son is a notary, so he notarized it. We're appalled, but we're also at a loss of what to do. I understand there's Elderly Abuse, but how would we be able to prove such a thing happened?
2 Answers from Attorneys
This is a classic fraud and elder financial abuse. I have handled a very similar case. Your grandmother needs to act very quickly by hiring a lawyer and doing things that need to be done, including promptly filing a lawsuit and stopping any potential problems with sale, refinance or other types of encumbrances of the property. Let me know if I can help.
Either she or someone on her behalf must take action to set aside the deed if it was fraudulently obtained. Declarations by her and others would be the proof needed to do so. If she is 'competent' to do this for herself, she can file; but it sounds like she is not. Therefore, someone will have to seek either Guardianship or Conservatorship over her and seek a court order in that proceeding to set aside the deed. Contact an attorney local to her to take that action. You could call the local Lawyers Referral Service if you can't get a personal referral. Hiring me or other out of area attorney would likely increase your costs because of the travel time. However, if you can't find anyone local, feel free to contact me.
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