Legal Question in Real Estate Law in California

Re: real estate theft

Technically, real estate cannot be stolen. However, this doesn't mean there aren't crimes and criminal penalties associated with various misdeeds involving title to real property. Real estate can be the subject of theft in some cases, e.g. when acquired by "false pretenses," but this crime doesn't seem to fit the facts either.

The analysis starts with why this guy's name was placed on a deed along with your son-in-law's brother. These seem to be pretty distant relatives to whom to bequeath property worth over $1 million. The next question is why there was a deed to anyone if your estate plan included a trust - the property should have been deeded to the trust, not the intended heirs. The third question is whose custody was the deed stolen from - yours, your lawyer's, your son-in-law's, or someone else's? Fourth, was the deed altered at all, or recorded the same as when signed and notarized? Finally, did the new "owner(s)" attempt to do anything with the property, such as take possession, rent, refinance or sell it?

All of the foregoing would have some relevance to the possible criminal charges and to the DA's interest in prosecution.

Actually, it is very hard to find a crime that fits these facts. I have just read a case called People v. Sanders (1998) 67 Cal.App.4th 1403, in which a guy who forged deeds conveying tax-distressed property to himself and recorded them. This case discusses why your situation is not theft of any kind - neither stealing (larceny), false pretenses or, although not discussed, embezzlement.

Further, it is unclear that there is any forgery involved here.

Most criminal prosecutions start with the victim making a police report - this is what is meant by pressing charges - although there is no harm in trying to contact your county DA directly to get an investigation under way. It is hard to predict whether the DA will want to pursue the matter.

This is a very interesting case to me, and perhaps the facts suggest an amendment to the penal code. I would appreciate receiving further particulars, including the case number and court where the civil action was tried. I may be able to give you further assistance. Please contact me directly.