Legal Question in Real Estate Law in California

Hi Mr. Whipple, my attorney did not disclose numerous documents from my father's estate planning file to me and because of that I lost a property that my father gifted me. My attorney convinced me that the deed had errors on it and a correction was necessary. From there I believe my attorney was working with my sister. My sister, I found, told my attorney that my father meant to put his property into his trust. I found that my sister forged a grant deed document and had it filed with the county. I have the original grant deed (no one knows, I just aquired it) The document my sister filed was an exact copy of the original that I have. The one I have was never signed by my father nor his attorney but there is a notarized stamp on it. The document my sister filed has my father's and his attorney's signature on it with the notarized stamp.

My sister, her attorney and my attorney had my father's complete file and had to of known that my father's trust failed, yet they continued to administer my father's trust. My sister never filed the will. It says in the will that my father bequests and devise his estate to me. My father's property was never in the trust and my sister ended up with it. My father's intentions was to give me his estate. My sister and my father never got along so I believe he disinherited her. I have documented proof with 3 title company reports that says I was legal vested owner since 2002. They took it from me in 2007. The property was worth around $1,000,000. I ended up with nothing in the end and lost everything. I believe my attorney misrepresented me and should pay me what the property was worth plus interest! Can the statutes of limitations be on pause for non disclosure? Thank you John


Asked on 7/19/11, 5:42 pm

1 Answer from Attorneys
David Gibbs The Gibbs Law Firm, APC

The Statute of Limitations generally begins to run from the date that you actually discovered, or reasonably should have discovered the act in question. Statutes of limitations are funny things - depending on what they are being applied to, they may start to run at different points in time. This is something you need to contact a legal malpractice attorney about to determine what the statute of limitations is, and when it actually began to run. The question of when you discovered, or should have discovered this (if in fact there were misrepresentations) may not fall in your favor. If, when questioned, you say something like, "yeah, I knew I was getting screwed from the time they took the property from me," then you probably had a duty to begin investigating the problem way back at that time. You really need to contact a legal malpractice attorney as that is the only person who will be able to properly analyze and advise you on a matter such as this.

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Answered on 7/21/11, 4:58 pm


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