Legal Question in Investment Law in California

Investment made with inheritance

While my mother was alive, she grant deeded her home to one of three children to use as colladeral in securing property and starting a business in Phoenix, Ar - 8 years ago. 3 years ago he had my Mother Quit Claim the home to him.

Although my Mother wanted the home to be divided equally to each of us, there is no recovery under CA laws.

My question is; since my brother used the collective inheritance for his personal gain and profit, is there a way in which I have any right to sue him for a portion of what he has profitted from the investment using a portion of my inheritance ?


Asked on 5/17/05, 2:03 pm

1 Answer from Attorneys

Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Re: Investment made with inheritance

First, I think your question deals more with real estate law than investment law, so if you don't get several good answers from LawGuru lawyers, you might try re-asking your question under the real estate or real property category. More lawyers who know that area of law will see it so you should get more and better answers.

Next, if the real property is located in Phoenix, more likely than not Arizona law rather that California law will govern the rights of the brothers that got nothing from the house.

Also, I'm a bit confused by what appear to be two deeds running from mom to the brother: first, a grant deed eight years ago; then a quitclaim three years ago. Maybe brother felt the grant deed was somehow defective. Have a local lawyer check it carefully.

Your biggest problem in pursuing any kind of recovery through the courts will likely be the various statutes of limitations. You will probably be time-barred from pursuing any fraud or undue influence claims.

Nevertheless, since there's probably a lot of money at stake, it would be worth paying an attorney who practices real estate in the same county where the house is situated to take a look at the deeds, listen to all your facts, do a little research, and give you an opinion as to whether there is any possibility of obtaining relief through the courts.

Other than that, you might have to prevail upon your brother's conscience in a negotiation.

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Answered on 5/17/05, 4:52 pm


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