Legal Question in Wills and Trusts in California

Misused Power of Attorney?

Father passed away in 2000. Mother passed away in 2001. There was no will. There are seven children in our family. Mother gave power of attorney to my younger brother when she went in the hospital for surgery. She died from complications after surgery. Another brother's wife helped him fill out a grant deed to the property that mom and dad owned, and she notarized the papers for the day before mom died. He took them into the recorders office on the day mom died. Mom died at 2:00 in the morning and papers are stamped 13:43 at the recorders office. He says he owns everything and now is evicting the other 3 family members who still live there. The house never went into probate. He has refused to show anyone of us any papers he may have stating he was to getting everything. The brother and his wife that helped with the grant deed papers aren't talking to the rest of the family. I feel things should be equal for all of us. What can we do, or is it to late?


Asked on 12/05/02, 11:30 pm

1 Answer from Attorneys
Chris Johnson Christopher B. Johnson, Attorney at Law

Re: Misused Power of Attorney?

See an attorney right away. The power of attorney may not have been valid to transfer the property (it likely wasn't), and even so, there are certainly issues of fraud, your mother's intent and undue influence.

Read more
Answered on 12/06/02, 5:59 pm


Related Questions & Answers

More Probate, Trusts, Wills & Estates questions and answers in California