Legal Question in Real Estate Law in California
Brother, 64, moved into Mom's house and destroyed unrecorded deeds made out to m
Brother took over Mom and her estate. Embezzled $70,00 which may be the subject of another lawsuit. He also found and destroyed deeds made out to me. Mother had signed the deeds and notarized them but did not record them. I have the following evidence of the gifts:
1. Letter from Mother to me (signed by Mother) dated April 15, 1991 telling me to file Schedule E and Form 4562.
2. Schedule E and Form 4462 for 1990 taxes. These forms were made out by mother and sent to me to file with my 1990 taxes.
3. Letter from Mother to me (signed by Mother) dated April 10, 1990 sending Schedule E and form 4562 as before.
4. Schedule E and Form 4562 for 1989.
5. Letter from Mother to me (signed by Mother) dated April 12, 1988 sending Schedule E and Form 4562 to be filed with my IRS form.
6. Schedule E and Form 4562 for 1988.
7. Schedule E and Form 4562 for 1987.
8. Grant Deed for three lots signed by Mom and notarized December 30, 1986.
9. Deed of Gift for one lot signed by Mom and notarized December 30, 1992.
Is there anybody out there who will help me quiet this title?
4 Answers from Attorneys
Re: Brother, 64, moved into Mom's house and destroyed unrecorded deeds made out
You have several factors in your favor and some problems. You could prevail but I would think it would take some aggressive litigation.
Joel Selik
Attorney-CA Real Estate Broker
800-894-2889
Re: Brother, 64, moved into Mom's house and destroyed unrecorded deeds made out
Embezzlement is a crime, so the 'lawsuit' on this would be a prosecution by the DA. There is of course a civil action available to you on the same set of facts, probably conversion or fraud or both.
Re: Brother, 64, moved into Mom's house and destroyed unrecorded deeds made out
I believe that California requires that the deed must have been given to you. Simply doing deed(s) and then never giving it/them to you raises the issue that there was no true intent to give you the property(s). The letters are some proof that she intended you to have the properties. I intended to only suppliment the other answers. You may of course file a petition for probate, and let the chips fall where they may. This might also be the place to file a civil action, and make a claim that the property(s) was/were gifted to you prior to the grand parent's death.
Re: Brother, 64, moved into Mom's house and destroyed unrecorded deeds made out
Though a lawsuit you can establish the validity of the deeds although cases such as this are generally vigorously contested. If you fax a copy of all of your documents to me at 714 363 0229, I will provide you with free consultation, and call you once I received them on both your potential actions.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
