Legal Question in Wills and Trusts in California
Is it legal to have had my grandma sign property over the day she died? Grandma was at the deathbed, granddaughter (my cousin) had her sign over historical property to herself and her mother (my aunt). Can my mother have this null and void? The property should be given to my mother and her sister; not her niece?
2 Answers from Attorneys
There are many factors to consider. Did you grandmother understand what she was doing when she signed over the property? In California, there is a presumption that the scenario you describe is a product of financial elder abuse and fraud. However, proving it may be difficult and expensive. You should consult with a local probate/elder law attorney for assistance.
The circumstances you state raise many red flags, but elder abuse claims require proof of fraud or undue influence. If your grandmother signed a Deed, then a notary should have done some checking to make sure she understood what she was signing and what she was trying to accomplish. I suggest you find a local attorney to discuss the situation as soon as possible.