Legal Question in Wills and Trusts in California
mom has alzheimers - sister takes everything
mother was diagnosed with alzheimers disease, at the time she owned three properties, my sister had mom sign grant deeds into a trust, and then sign grant deeds out of trust to herself. shortly after my sister sold two of the three houses, and kept the proceeds for herself. She is now telling me she is selling this last house that I live in, to pay for the care of mom who is now in a home.
mom was not in her right mind to sign anything. medical records will show this. but sis got her to sign, without anyone's knowledge. sis sold two of moms homes without anyone's knowledge. Mom has two children....my sis and myself. Sis is treating me like I am a stepchild, with no right to mom's real property or personal property. sis purchased a new house with proceeds from mom's house she sold, she also bought new cars, but leaves me with nothing.
sis now tells me my house, that was given to me by my grandmother and mother years ago, is being sold, and I must move out....
how can I stop this sale, and stop sis from stealing everything mom had??
4 Answers from Attorneys
Re: mom has alzheimers - sister takes everything
hire a good eatate planning/probate attorney now --- I have been practicing law in the San Francisco Bay area for approximately 35 years and expert in the area in the category in which your question is placed. I feel I can help you in this matter and if you wish to consult with me please contact me at 925-945- 6000.
Re: mom has alzheimers - sister takes everything
This sounds like a classic case of elder abuse. As soon as possible, you need to file a conservatorship to have someone appointed to take charge of mom's affairs. Through this forum, you can also recover property taken from your mother, including the houses (if there was no basis for the transfer). Find a local attorney who specializes in probate litigation and conservatorships.
Re: mom has alzheimers - sister takes everything
Lawsuit against sister for Elder Abuse, Undue Influence, etc. Need attorney who does Litigation, particularly in the estate area and elder abuse.
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Re: mom has alzheimers - sister takes everything
the best time to have taken action was when the first 2 properties were sold. it is possible that your sister is holding a durable power of attorney for asset management executed by your mother prior to the time she was mentally incapacitated.
at this point you need to petition the probate court for a conservatorship for your mother. if your sister has taken advantage of your mother's incapacity (and was not acting under a valid power of attorney), it may be possible to recover assets (and possibly prevent sale of the house in which you live).
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