Legal Question in Real Estate Law in California

Brother trying to evict us from mothers home

My husbands brother filed a UD against us saying we have to leave the mothers home. We lost our home in forclosure and are in suit. The mother said we could stay with her. The brother is now saying that he has Power of Attorney and the mother is in the moderate stages of Alzhimers and that he now owns property. Mother does not have Alzhimers and she does not want us to go. She is not sure what she can do without causing a lot of trouble. In the UD he put that on 9/1 we entered into an agreement with him, we never even spoke to him until 11/15 and when we did see him he never mentioned her illness or that he now owned the property. Isnt he suppose to act upon her wishes only and not on his own? How could he transfer the property into his name now, isnt that suppose to happen upon her passing, not before? In answering th UD would I file a demure stating the proper ownership and relation of the parties? The UD named us and all other occupants, the sherrifs dept. stated that they would have us leave as well as the mother since the papers did not specifically name her as being exempt from the UD. Is this correct and would that be something to mention in the demure?


Asked on 5/17/08, 2:30 am

2 Answers from Attorneys
Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

Re: Brother trying to evict us from mothers home

Sorry you were foreclosed on. Unfortunately, you are going to have to retain a good lawyer to defend the UD and probably countersue your husband's brother. Seems to me trying to evict the person from whom you have a power of attorney is pretty good evidence that the POA is being used improperly.

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Answered on 5/17/08, 3:21 am
Mitchell Roth MW Roth, Professional Law Corporation

Re: Brother trying to evict us from mothers home

Explain to mom that any power of attorney she gave to the brother can be revoked by her by signing a either a revocation of power or a new power revoking all prior powers and appointing someone else. If her signature is recorded, and it should be, the new document should be recorded in the county recorder's office. If mom has not been adjudicated as mentally incompetent (whatever the cause) she is presumed competent. If there are friends and relatives that interact with her frequently, they can also attest to her competence. I the power of attorney is revoked, you can fight the UD on that basis.

I suggest that you and your mom hire an attorney to assist.

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Answered on 5/18/08, 10:12 am


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