Legal Question in Real Estate Law in California
Deed to mother's home
Father died 5 years ago...brother was named Executor of Estate and given power of attorney...had father name taken off deed to mothers house and put his name on deed...then proceeded to have mothers name removed from deed without her knowledge...is this legal?
3 Answers from Attorneys
Re: Deed to mother's home
You MAY have rights that can be vindicated. However, depending on what notices you have received and when those rights can be waived.
You should consult with a local attorney immediately to review your options.
Re: Deed to mother's home
Powers of attorney are only valid during the principal's life time and expire upon the principal's death. In California if the property were worth more than $100,000.00, a probate would need to be opened before title to the property could be changed to include your brother. If probate were opened and the executor of the estate acts in the manner in which you are suggesting, the executor could be severely sanctioned by the court.
If your mother gave your brother a power of attorney, he could "side-step" probate and simply transfer title to the property into his name. However, your mother, as well as any other beneficiary of your father's estate could take action against you brother. You should conslut with an attorney in your area practicing in real estate, as well as one who is familiar with probate.
Re: Deed to mother's home
I agree with my colleagues.
You should consult with a lawyer who specializes in real estate and/or probate.