Legal Question in Elder Law in California

Sister lied to mother to get joint-tenancy

My mom, 92, speaks fluent Dutch and had always depended on Dad to handle all matters financial, etc. When he unexpectedly died, she was left to deal with those matters while totally lacking English comprehension. When mom found a house to buy, my sister pressured her to sign papers...mom was told she couldn't get the house unless they were made co-signers. She unknowingly signed papers making them joint tenants. A year ago, she took mom to a notary and had her sign the house over to her in front of a witness, while mom was told it regarded her health benefits. Now she is trying to get conservatorship, move mom (and dad's pension)in with her, and take the house. She took mom to a doctor who was persuaded to claim mom as incompetent based on my sister's translation. He has since recanted saying he was lied to. She has sent several agencies to the house (police, social workers) and has claimed my brothers and I are abusing/neglecting her when we are her caregivers. Mom would rather leave the USA than live with my sister, who has a long history of duplicity. What can we do? Can the joint tenancy be revoked since mom signed under false pretenses? This started in 1976, but mom just learned the truth. Help!


Asked on 6/01/06, 7:19 am

3 Answers from Attorneys
Michael Olden Law Offices of Michael A. Olden

Re: Sister lied to mother to get joint-tenancy

get a good, expert attorney who can advise you in person -- he/she must be expert in probate and estate planning and good luck toyou -- act immediatly

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Answered on 6/01/06, 10:06 am
Scott Grossman The Grossman Law Firm, A.P.C.

Re: Sister lied to mother to get joint-tenancy

I suggest you do several things. First, file an opposition to the conservatorship petition. Second, separately file a civil lawsuit alleging financial elder abuse and seeking to quiet title in your mother's name alone. Third, have your mother create an estate plan that includes, at minimum, a durable power of attorney and will. Those document should name a trusted person to act as your mother's representative. Fourth, you may want to have a geriatric psychiatrist/psychologist evaluate your mother now. A good report that finds your mother competent would make your sister's life very, very difficult.

Feel free to contact me off-list if you need more information.

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Answered on 6/02/06, 2:32 pm
Todd Stevenson Stevenson Law Office

Re: Sister lied to mother to get joint-tenancy

You need to act immediately and hire an attorney to oppose appointment of your sister as conservator and take aggresive action to stop the undue influence being exercised here by your sister.

I am located in Los Angeles County and have specific experience in this area of law.

For further consultation, please feel free to contact my office by phone at 818.784.5404 or via e-mail to [email protected]

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Answered on 6/01/06, 3:33 pm


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