Legal Question in Real Estate Law in California

Re: Title Transfer

The first thing you need to do is go to the county recorder's office in the county where the property is, and look for the deed transferring the poperty to your grandmother and father, and find out how title was vested (i.e., were they joint tenants, tenants in common, or some other form of co-ownership). Next, you need to determine whether there is a deed transferring any part of the property to your aunt.

Finally, you will need to visit an attorney who practices in real estate law and have that attorney review the deeds you discover and explain what the various methods for vesting title mean. If your aunt holds some portion of the property, your father will only be able to transfer his interest in the property to you. The alternative is to bring a lawsuit againt your aunt to invalidate the transfer based upon your aunt's undue influence of your great grandmotner.

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Re: Title Transfer

You will have to sue to void the deed to your aunt and quiet title on the house. Contact a local attorney for an estimate of the cost.

Re: Title Transfer

There are really two issues here. The first is whether there has been an improper transfer of a part interest in the house involving fraud or undue influence by the aunt. The starting point is a visit to the recorder's office (as suggested in a prior answer) to develop some facts about who is (and was) on the title, and whether the co-ownership is (and was) as tenants in common or as joint tenants.

The second issue involved your great-grandmother's estate. Did she have a trust or will, or does her property pass according to the rules of intestate succession? Who is her executor or administrator? Where does the probate process stand?

Sooner or later, you will need an attorney's assistance in determining the strength and validity of your father's claim, and if it is valid, enforcing it.

Re: Title Transfer

You need an attorney immediately. You need one who is well-versed in elder law as well as real estate/probate. If your aunt took advantage of your grandmother "on her deathbed" or when she was incapacitated this is called Elder Abuse. Not only can you avoid is indeed with proper evidence but you can get damages and punitive damages against her. If your grandmother has passed away which is unclear from the question a probate may be necessary. In any event you would have to file suit against your aunt to leg and indeed based upon fraud, etc., quiet title and possibly partition. All of this should be way over your head because it's legal terminology which you have no inkling of. Just understand you must get off your chair and go higher a real good attorney. Pay him to investigate and see what kind of alternatives you have and possibly negotiate with your aunt.I have been practicing law in the San Francisco Bay area for approximately 35 years and expert in the area in the category in which your question is placed. I feel I can help you in this matter and if you wish to consult with me please contact me at 925-945- 6000.