Legal Question in Real Estate Law in California

Re: How do i protect my parents house from my siblings?

To put your name on title requires everyone currently on title sign a new deed with you added. That still doesn't protect anyone from one of the owners encumbering the property by a loan; your brother did so already, didn't he? He may have done so fraudulently, that needs to be investigated and remedied if appropriate and possible. By the way: he can't be an 'executor' yet, with power over the property, unless your parents are already dead. So, I don't know what his position and authority are from your description.

If the parties can't all agree, and all behave ethically, then you may need to get a conservatorship over their property and remove his power, so that it would take a court order to do anything with it. Feel free to contact me to discuss if serious about doing something to protect them.

Re: How do i protect my parents house from my siblings?

First, no one can lawfully borrow money and put up as collateral property that they don't own. When they do, it is a fraud on the owner, or fraud on the lender, or both. The situation needs to be reviewed by a local real-estate attorney who can check the public records in the county where the property is.

Second, "adding a name to title" is easier said than done. Names are placed on title by the transfer, by deed, inheritance, etc., of someone else's interest. If done by deed, this requires that someone who owns an interest in the property give up some or all of that interest. A deed needs to have a grantor and a grantee.

People don't have executors of heirs until they die. Until then, they only have prospective executors and expectant heirs. A person can change his or her will at any time prior to death, so being the executor is never assured, nor is being an heir, until the testator passes away and can no longer make changes.

An executor is someone named in a will to be the personal representative of the deceased to carry out the instructions of the will according to the rules set forth in the Probate Code.

A "power of attorney" is a legal document granting certain powers to another person who is called the "attorney in fact." Most powers of attorney automatically terminate upon the death of the person who granted those powers, or of the person to whom they were granted, so a power of attorney is useless after the death of either party.

Transferring real estate from parent to child during the lifetime of the parent is generally unwise for tax reasons. If the family wants to avoid both probate and taxes, have an attorney prepare a living trust for the parents. Also have the brother's activities checked out by a lawyer.