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?


Asked on 9/04/07, 6:48 pm

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.

Read more
Answered on 9/04/07, 6:53 pm
Roy Hoffman Law Offices of Roy A. Hoffman

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.

Read more
Answered on 9/04/07, 7:01 pm
Robert L. Bennett Law offices of Robert L. Bennett

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.

Read more
Answered on 9/04/07, 7:53 pm


Related Questions & Answers

More Real Estate and Real Property questions and answers in California