Legal Question in Real Estate Law in California

my mom and uncle bought property 50/50. my uncle is mentally ill and tried to blow up property by damaging main gas line. 5 years ago. mom gave him money and now she owns 2/3 of property. he was suppose to go to a facility for mental ill out of state but left before transfer and never accountable for risking the lives of my mom and neighbors. now his daughter is try to intimidate my mom who is 67 years old into giving her rest of money he put in property. for the intent to destroy property and kill all who lived on property does he still have claim to property? does she need to petition courts to remove him from deed ? we live in san diego, ca. can you help?


Asked on 5/21/12, 5:15 pm

1 Answer from Attorneys
Terry A. Nelson Nelson & Lawless

You can't be 'removed' from title without your consent. If he is legally incompetent to take care of his own affairs, someone could file a petition in probate court for Guardianship or Conservatorship over him. That would give authority to the Guardian to protect his interests, and make decisions for him, with court approval of major things. That also would seek to recover any assets improperly taken from him.

Any of the owners on title could demand sale and distribution of proceeds. If necessary, a court action for Partition could be filed to force that sale of the property, and for an accounting, and for recovery of any share or asset improperly taken from him.

If serious about hiring counsel to help in this, and if this is in SoCal courts, feel free to contact me.

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Answered on 5/22/12, 9:58 am


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