Legal Question in Wills and Trusts in California

We my husband, Mom (72), Dad(73) & I are in the middle of a "Malicious prosecution litigation" for "Fraudulent Conveyance litigation" from the person that purchased Mom & Dads house back in 2004. Now that she lost the house back to the bank, she is now coming after My parents & us trying to get the properties my husband & I have owned since 1989 & 1993. She is claiming Mom & Dad owe her $458,000.00 dollars (sale price of house) which she only paid $359,000.00 for not disclosing that it was a mfg home (totally incorrect) & took the realestate company & my parents to court- Due to illness my parents could not make it and as for as the case, the realestate company did show up and they were dismissed as Mom & dad would have been if they could have made it (they were also advised by a local County attorny they did not have to show due to the fact that the case was filed in the wrong venue. The house was in Nevada County, Mom & Dad lived in El Dorado County & they filed in the case in Yuba County. We have it in writing from the Senior Advocate Attorny of El Dorado County advising my parents they did not have to show up.

Mom & Dad went thru Federal Bankruptcy in 2003 & after the Federal Courts put Mom, Dad, My Husband and myself thru almost more than anyone of us could endure- The courts did grant the Bankruptcy, clearing all of us of any "fraudulent Conveyance".

Now, after 7 years this woman is trying to do the same thing to all of us, my Mom & Dad are just sick and there health is continually going down hill, there marriage of 54 years is barly hanging on as is their health. As for my husband & I the same is happening. There is so much stress (putting it mildly).

I'm very concered for everyones well being. I did loose my caree of 15 years with El Dorado Irrigation District over this, our credit is gone & all savings & retirement funds cashed out to try & fight this, since she (plaintiff) is now coming after our realestate (the only thing we have left).

We did hire an attorny and put out $3000.00 in July when we all got served and have he has only written a letter to the plaintiffs attorny and the money is gone.

I have all the records to back & show this is definatly a "MALICIOUS ACT" AS OUR CURRENT ATTORNY STATES" but we are out of funds and assets. My parents are seniors I'm 50 yrs old- all My husband & I have ever wanted to do is get Mom & Dad healthy and take care of them in their final years, as we vowed over 15 years ago together when we paid off the property next door (which is all in writing & noterized too) God is my witness, ever since the day Dad had his 1st heart attact & we had to sell the house in Grass Valley, CA & the Business (which there was no money left over due to an overwhelming amount of debt they were in) again proved in the Bankruptcy Court. Seems like this woman is just out for fraudlent sceam herself. My family & I would like nothing more then to left alone and live life without the stressfulness of "people looking for a quick buck" (my opion).

I'm seriously worried my parents lives are at stake and my marrigae of 25 years. Everyday is to emotional and stressful for all of us and don't know where to turn anymore.

The current attorny runs $300.00 an hour and we all feel is not doing us justice. We need this to end as soon as possible (Dad says he doesn't even want to live anymore because "of all the trouble he has caused".

Please if there is any direction you can point us in for help that doesn't cost, senior advocates, something........

Sincerely,

Roberta Warden

530-417-2378


Asked on 9/29/09, 12:42 am

1 Answer from Attorneys
George Shers Law Offices of Georges H. Shers

For a variety of reasons, you should not include wilth your question your name and/or telephone number. The Lawguru rules say we should remove your question from the site; one of the attorneys milght do this, but you can then repost it without the offending information.

You can contact your local county bar association to see what programs exlist for seniors. On KGO radio at noon to 12:50, elder law attorney Len Tillem has a call in program where he glives free advise of the type you need.

Ask your current attorney to detail what he has done, what he plans to do, when and how much will it cost, etc. I do not see how you and your husband are part of the law suit since the house that was sold was owned solely by your parents and you were not part of the sale. The prior advice they received not to show up was stupid if no presentation wa made to the court on their behave. If a party does not object to the suit being in the wrong county [venue], that error is waived. If you fail to appear in court a default judgment is entered and within 180 days you must move to set it aside. The attorney's probably told your parents to do something more.

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Answered on 9/29/09, 1:16 am


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