Legal Question in Elder Law in California

sister POA ed title to mothers home as fee simple no w keeping all

hi my future lister / buyer had a 1992 lawsuit on property profile report show that mother (now deceased, quitclaimed property to eldest daughter as joint tenant) had to sue for a judgment to have property put back in her name as sole owner. Now in 2005, 85 year old mother , now terminally ill, has same daughter coming around for first time in 10 years, controlling mothers care and other financial matters prior to mothers death. There are two other heirs who are sisters brother and one other sister. Now when myself (a realtor pull property abstract, I see a new recording before Aug. 9th death of mother) of a 7/5/2005 quitclaim into daughters name as sole owner done with POA which was obtained by daughter before judgment in 1992. Now comes daughter, serving 3 day notice to quit on brother and sister residing at property in order to care for their mother. She doesn't have a rental agreement with other siblings. She now though is by her quitclaim the only heir to mothers property. This was the basis and expressed in judgment , for the 92 lawsuit. There is a holigraphic will that has been confiscated by said (evil) sister and she refuses to give copies.


Asked on 8/22/05, 9:32 pm

3 Answers from Attorneys
Scott Schomer Schomer Law Group

Re: sister POA ed title to mothers home as fee simple no w keeping all

It appears that you have a mess on your hands. The power of attorney may have been voided in the previous litigation, which would make it easier to show a fraudulent transfer. See an attorney as soon as possible.

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Answered on 8/23/05, 12:13 pm
Terry A. Nelson Nelson & Lawless

Re: sister POA ed title to mothers home as fee simple no w keeping all

If there was a question there, the answer is that you've got a legal mess that CAN be sorted out in court, and should be done quickly. Pleadings have to be filed in the eviction proceeding, and in a probate proceeding to cancel the title transfer. This time the title suit should include demands for punitive damages for bad faith conduct in the new recording. You will likely need legal help; contact me if interested in doing this.

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Answered on 8/22/05, 10:23 pm
Michael Olden Law Offices of Michael A. Olden

Re: sister POA ed title to mothers home as fee simple no w keeping all

ge a very good real estate/probate/estate planning/litigation attorney yesterday, immediatly and have your siblings join in the needed litigation ustless she settles after your attorney gives she and her attorney the real life facts of life and court and also tells them that, if i am correct, you can get back reasonable attorneys fees under numbers of diffent theories and claims that he/she should now about

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Answered on 8/22/05, 11:26 pm


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