Legal Question in Real Estate Law in California
My father passed away in 2007, I am a beneficiary and also next of kin . I am entitled to 50% of his property, my mother the other 50%. I was still living at home until 2009, when I was illegally made to move. Anyways my mom owned 50% of the property, but my siblings moved her out of her home a couple days after my dad died. My oldest step brother manipulated her and became her POA, then put her in a nurseing home, where she is now. She wants to go home and is able to. My oldest step brother just passed away. And when I called the assessment office they told me that the title of ownership was under my dads estate, and my brother. How did they take mine, & my moms name off? What can I do to get my house back? What are the steps I need to take if any? And what does an estate mean? Thank you
3 Answers from Attorneys
You need to speak to an attorney, and show how you were originally on title. Only the person who holds title can give their title away, and more information is necessary before anyone can accurately answer your questions.
The only way you are going to get any legal advice or opinion that is 'educated' is to consult with an attorney who can check and determine what actually happened and what the actual status is, by reviewing all the deeds, title documents, court documents, pleadings, etc. You apparently do not understand what happened, and thus can not currently provide us the facts necessary to understand. It sounds like there needs to be a Probate Petition filed on the estate to determine who is entitled to the distribution of assets, either by a trust, will, or intestate proceeding. If serious about doing this, feel free to contact me.
I agree with both previous answers. Practically everything you mention involves some kind of a legal document or proceeding, all of which should be reviewed, integrated and explained to you as part of deciding (a) whether there has been a miscarriage of justice (or several of them) and (b) what steps need to be taken to do justice.
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