Legal Question in Real Estate Law in California

transfer of deed
I am JTwROS with mom. I also have DPOA. I would like to transfer the house to myself for safe keeping. we have a family history of family members committing fraud, forgery, and theift. My mom has not been diagnosed with incompetancy and at the time of the documents I asked her doctor about this and he said she was fine. My brother who is on disability wants to pressure mom into signing him on the house. He has a long rap sheet. My brother-in-law also has been convicted of fraud and wants the house also. He has had my mothers trust. What should I do?

Asked on 1/31/09, 12:10 pm

2 Answers from Attorneys

Daniel Harrison Berger Harrison, APC

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Re: transfer of deed

If you transfer the property to yourself, you may be alleged to have engaged in self dealing or theft, or otherwise alleged to have breached your duties and obligations under the DPOA. Your mother is free to do whatever she wishes with her share of the property. If she wants to give it to your brother, in-law, church, or whomever, she is free to do that, even if you consider it a bad decision. If you transfer the property to yourself, you will have divested your mother of her ownership interest. She won't like that, I imagine, and may certainly challenge (sue) you on it.

Answered on 2/03/09, 4:49 pm

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