Legal Question in Real Estate Law in California
My mother and I have been joint tenants in her home for the past 10 years. I have been paying on the mortgage by myself. My mother has congestive heart failure and dementia. My sister took my mom 2 months ago and had her sign a deed putting the house in a living trust. My sister claims she has power of attorney over my mom and refuses to pay any part of the mortgage and property taxes. I want to know what legal route can I go to have this voided or to get half of my money out of it.
2 Answers from Attorneys
Someone with dementia can't validly grant a power of attorney or sign legal documents. You could bring legal action to protect your ownership interest in the property, and protect your mother if necessary from elder financial abuse. You might be able to have your attorney 'educate' the sister that she can't do what she is trying, and be able to negotiate a resolution without spending attorney fees in litigation. If serious about doing this, feel free to contact me to discuss the facts and issues.
Your share of the property could not be put in the trust. Does your mother live in the home? Contact me directly.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
