Legal Question in Wills and Trusts in California
My dad passed a couple weeks ago leaving a will giving 50percent of his estate to me. His girlfriend got him to sell his house to her two days before he passed and got him to sign over his accounts two weeks before that. She was his primary caregiver and he had hepatic encephalopathy at the time and was obviously confused. How strong is my case as executor for recovering the property and cash to the estate? What if anything would prevent her from quickly turning around the house and fleeing the country before I can affect probate?
2 Answers from Attorneys
If you are concerned about her running off with the money, then you need to act fairly quickly. If there's a will, then the named executor (or you if it's her) may want to file an emergency petition to be appointed as administrator temporarily so you can file a lawsuit against the ex-girlfriend and also record a lis pendens (a litigation lien) on the home so that she can't quickly dispose of it or raid its equity. Then you have to follow through with a potentially complex litigation, as you'll have to prove your father's lack of capacity or having been unduely influenced by the girlfriend.
I think your chances of recovering the money sounds pretty good, but, you will need to act quickly. Please contact a local probate/elder law attorney for immediate assistance. If you wait, you may lose everything.
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