Legal Question in Real Estate Law in California

Re: two recorded copies of a grant deed with different grantees

No, there cannot be successive grant deeds of the same interest in real property to different grantees. In fact, to do so might violate Penal Code section 533, which criminalizes successive transfers of the smae parcel eith willful intent to defraud prior or subsequent transferees, and while your mother as transferor probably wouldn't be prosecuted, you might be for aiding and abetting.

Only a court is entitled to make a determination that the prior transfer of the real property is void or voidable due to your sister's undue infludence or your mother's lack of capacity.

I might add that lack of capacity to contract is somewhat difficult to establish, and a court may not feel that the degree of dementia present is sufficient to deprive your mother of her legal capacity by finding her incompetent to make a deed. You will probably need both medical and legal advice; then file a suit seeking to void the deed. Your lawyer may suggest adding a request for appointment of a conservator, which could be your husband.

Your lawyer will want to review the status of the lady's estate planning, including whether she has a will or trust in place.

Obviously, if she were incompetent to make the first deed, she would be incompetent to deed the property to your husband as well. Further, if the issue is undue influence rather than lack of legal capacity, the sister could assert that your husband's influence was much greater due to his caretaking capacity.

Finally, a lawyer would probably advise that prospective heirs are better off tax-wise by inheriting, rather than receiving appreciated real property as an inter vivos gift.

Re: two recorded copies of a grant deed with different grantees

Your husband should really see a local estate planning attorney. If your mother-in-law has lost than much of her mental capacity, then it may be time to have her placed in a court-supervised conservatorship. A conservator could take action to void the deed given to your husband's sister and other appropriate actions to protect her financial interests.

Re: two recorded copies of a grant deed with different grantees

I would recommend that he file a petition for be appointed as her conservator, and have the deed set aside. He could also call adult protective services regarding this conduct.

The conservatorship would give him authority to make decisions for his mother and prevent others from taking advantage of her. It is quite common for individuals in her position to be swindled out of their assets.

He needs to move quickly on this matter to avoid the potential sale of the real property to a third party. If the house is sold to a bona fide purchaser, he will have to go after the sister to collect the money.