Legal Question in Real Estate Law in California
Update: the location of the house is laguna beach, ca
on this year taxes doc, it listed my mother as "Home owner claimant".What does it mean? My brother had my mom sign a paper saying he paid back the house loan. how can we protect her right in the property?
Please help
My brothers and my mom built a house and shared the title to the estate three ways. however when my mom was diagnosed with leukemia ,my mom's name was removed without her knowledge.One of them admitted that he did that to keep us, the two daughters from inheriting our mom's share which is over a million dollars.
My mom who is weak, feels helpless. How can we go about finding if the change of names on the house title has been changed before taking any legal action?
My mom went to the city hall to ask but the clerk turned her away refusing to give her any answers or copy of the deed.
California | Probate, Trusts, Wills & Estates
Ads by Google
criminal attorney at law Aggressive Lawyers, Proven Results! Call 1-800-459-2500 24 Hours/Day www.UnitedDefenseGroup.com
Fight for Your Children Dishon & Block, the Premier Family Law Firm with LA and OC Offices. www.CaDivorce.com
Miller Family Law Group Experienced Divorce Lawyer Free Consultation 714-441-5905 www.millerfamilylawgroup.com
Ads by Google
criminal attorney at law Aggressive Lawyers, Proven Results! Call 1-800-459-2500 24 Hours/Day www.UnitedDefenseGroup.com
Fight for Your Children Dishon & Block, the Premier Family Law Firm with LA and OC Offices. www.CaDivorce.com
Miller Family Law Group Experienced Divorce Lawyer Free Consultation 714-441-5905 www.millerfamilylawgroup.com
08/13/09, 11:16 am
Answer (1 of 3)
Deeds are public records. Anyone can get them. You didn't specify what county you're in but go to the county recorder/registrar's office. Not sure why your mom could not get help on a deed, unless that clerk might have been in the wrong office, the city hall doesn't have that kind of information (maybe the county recorder's office is in the same building as city hall in your city or county). Deeds are indexed under addresses. When you say "title to the estate", you didn't clarify if that means "title to the deed" of the house or if your brothers and mom drafted a trust, etc. together to put all properties of her estate into. Anyway, if the title to the house has been transferred, you will find a new deed that your brother recorded that transferred the house to himself and his brother.
Larry L. Doan
Law Office of Larry L. Doan
11664 National Blvd., Suite 317
Los Angeles, CA 90064
08/13/09, 12:08 pm
Answer (2 of 3)
Your mother's name could not be removed without her knowledge unless someone forged her signature. As Attorney Doan stated, these are public records. What County/City is the property located in? There should be an Assessor's office where you can find out the parcel number. Use this number to request a copy of the most recent deeds (we usually recommend getting at least the last 2).
The City Clerk will not have this information, only the Couty Assessor will have it, this is where deeds are recorded.
If there has been foul-play, then it should not be too difficult to unwind the transfer, however, it will place your brothers in a bt of legal trouble.
If you would like to discuss this matter further in a more private forum, please feel free to contact me directly at the email address provided by LawGuru or through our firm�s website located at PasadenaEstatePlanning.com
IMPORTANT:
No attorney-client nor confidential relationship is created through this communication. You may not rely in any way on this communication, and nothing herein constitutes legal advice nor legal opinion. Your issue may be time-sensitive and may result in a loss of rights if you do not obtain an attorney immediately.
Scott Linden
Schofield, Grossman & Linden
201 S. Lake Ave., Suite 702
Pasadena, CA 91101
08/13/09, 2:35 pm
Answer (3 of 3)
Sounds like you need to get an attorney on your side to review all of the documents and sit down and discuss the matter in its entirety. After review a strategy needs to be developed on which way to proceed to make sure that your mother's wishes are followed and that you and your sister are not improperly excluded.
J. Caleb Donner
Donner & Donner
910 Hampshire Road, Suite R
Westlake Village, CA 91361
1 Answer from Attorneys
You're asking detailed questions and for a detailed opinion that can not be given without a full research and review of the facts and issues and documents. If you have allegations that a family member improperly obtained or changed title to property somehow, took advantage of your mother, then you either resolve it by some kind of negotiated agreement among all the parties involved, or the aggrieved / wronged parties file legal action for fraud, conversion, or whatever else applies. Title can be researched through a 'title company' and the County Recorder's office without difficulty. If serious about pursuing this, or getting an informed opinion, feel free to contact me.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
