Legal Question in Real Estate Law in California

my brother and sister in law have been taking care of my elderly 85 year old grammy they claimed that she could live with them and they would take care of her for life if she paid off thier mortgage. once she did that they made her under duress sign loan agreements for 600000 dollars on the equity they were to share poa fees and my grammy paid her share but because she grammy is on title only they won poa won a jugment and are trying to serve her to collect she has not seen one dime of the money that are alleged to be in home improvements and becausemy inlaws are not making the payments on the home or poa she will be foreclosed on while they walk away can we sue them she has reciepts can this be a criminal matter financial elderly abuse


Asked on 3/29/12, 12:59 pm

3 Answers from Attorneys

You are not stating your question very clearly, but this certainly sounds like something you should bring to the attention of the District Attorney's elder financial abuse unit for investigation.

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Answered on 3/29/12, 1:05 pm
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

This certainly sounds like an instance of elder abuse under the Welfare & Institutions Code as well as there being other "causes of action" by grammy, such as breach of contract. Because of the sums of money apparently involved, and the likely complexity of the issues, including your possible standing to bring suit, you should consult with an attorney experienced in "elder law" in your (or her) community. If there is a possibility of foreclosure, you should act quickly.

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Answered on 3/29/12, 1:19 pm
Terry A. Nelson Nelson & Lawless

Such claims could be both criminal and civil matters. You can try to file a police report, report it to Social Services, and hire an attorney to bring legal action. If serious about doing so, feel free to contact me.

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Answered on 3/29/12, 3:05 pm


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