Legal Question in Civil Litigation in California

In 2002 my mother died intestate.My parents lived in Az. since 1979. In 1980 I moved into their San Diego home that i grew in since 1959. Im 54 , have mental problems "not documented" . i rented a room or two out to pay bills,food and living expenses. i couldnt pay the cost of probate. my daughter 35 offered topay probate fee by getting a loan from her grandfather on her mothers side. she said he would if i put half the house in her name. i agreed since i planned to leave to my daughter and son anyway. towards the end of probate 2006-2007 my daughter suggested that she and my grand daughter move into house with me. the house needed repairs done and she suggested we have the house set up so we could bothhave our privacy by having seperate living areas,the kitchen being the only common area. said it would be easier to get the loan if house in her name alone. at end of probate we put it in her name. she goes out gets a loan for the limit she can draw on the house $335,000.00 a never moves in . I didnt know she got until i recieved a refinance offer in mail. The loan goes in default in 2009.I was evicted this month. She claims to have filed bankrupt. can i sue her?


Asked on 5/22/10, 8:09 am

1 Answer from Attorneys
Terry A. Nelson Nelson & Lawless

Sure, you can sue, unless she actually filed bankruptcy. Check with the bankruptcy court to check that out. If not, then the question is whether she has any assets or money to make suing her worth doing. Doesn't sound like it.

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Answered on 5/25/10, 1:27 pm


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