Legal Question in Real Estate Law in California
Hi everyone, hope all is well with all of you.
Me and my family have been through hell because of my sisters taking over my father's trust after he died. For 5 years my sisters claimed trustee of my father's trust. They falsified the final accounting and made me look like I committed elder financial abuse and put a surcharge against. They sold the estate and gave me nothing. They slandered me to no end. Everyone in the legal system disrespected me because of this. I found documents that showed they went against our father's intentions, they filed forged documents. Anyway, the day my father died, I found that I was vested solely and entirely in his estate. My sister had documents changed around making it look like she was to have the property. She was using the lie that she was trustee of my father's trust. I could not do anything they left me behind with nothing. Just recently I found the original Grant Deed that was drafted up to put my father's assets into his living trust. Well it was never signed by my father nor his attorney but had the notarized stamp on it. On the line where the attorney signs is an embossed signature of his signature. I magnified it 200 times and I can clearly see a signature without any ink. Anyway, without my father's signature the trust failed. In the county records there is an exact copy of this original grant deed recorded with my father's signature and attorneys on it. Obviously it is a forgery. Isn't forgery a crime? The sheriff will not take a report saying it is a civil matter. I thought forgery is criminal. How should I proceed in correcting the fact that my father's intentions was to give me his property?
2 Answers from Attorneys
You have posted this question numerous times; please do not keep on asking the same question.
Hmmm, first time I've seen it. You must be posting under subject headings I don't participate in. Have you received any satisfactory answers?
"It's a civil matter" is sheriff slang for "It's too complicated for me to figure out." at least in some cases, maybe here. Also, in pursuing this as a civil matter, using a privately-retained lawyer, you would have to look at the applicable statutes of limitations. Code of Civil Procedure section 338(d) requires a suit for fraud to be commenced within three years of the discovery of the facts that constitute the fraud (with a few exceptions).
Please explain why it is "obvious" that the signed, recorded deed is a forgery. You have found an unsigned version, but so what? My files are full of unsigned copies of deeds prepared for clients who signed other copies. The unsigned copy you found is probably just a draft, or a duplicate.
I'd be happy to give you furthr assistance in preparing a civil action, and I have other clients in Yreka, Weed and Chico, so I'm up your way frequently, but so far I can't see anything suggesting an actionable forgery.
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