Legal Question in Real Estate Law in California
My wife and I moved to California to care for my 80 year old grandmother after the suicide of my father, grandmas son. My grandmother signed a grant deed giving me her house. We also filled out the forms for a Reassessment exclusion, (prop 58& 193). The Grant deed was recorded with the county about two months ago. Now grandma has had a change of heart. She wants me and my family, wife and two kids out of her house. Can she do this? Should I be worried? All the utilities are in my name and I have put over 40k into the house so far.
We sold our home in Washington quit our jobs to come here and care for her.
What are our rights?
2 Answers from Attorneys
Well, to start with a direct answer to your question ("What are our rights?"), you appear to have ownership of the home, and all the rights that go along therewith, subject perhaps to legal challenge under one or another of various anti-fraud or elder-abuse laws. It sounds from your posting that (a) grandmother hasn't hired a lawyer, and (b) her attitude seems to be based more on personal rather than legal grounds, but from afar, I cannot be certain. Perhaps this family dispute lies more within the realm of psychological counseling than litigation.
You are the owner, not her. If she wants to do anything, she would have to file a lawsuit and try to establish a claim of 'undue influence', incapacity, or such thing to invalidate her deeding the property to you. Mr. Whipple is right, this should be mediated and resolved. Litigation is a last resort, and costly.
If serious about hiring counsel to help in this with mediation or defense of litigation, feel free to contact me. I�ll be happy to help get the best outcome possible.
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