Legal Question in Wills and Trusts in California

In order for my mom to qualify for Ch 13 (109 & 303), she put me on title as a married man, as his sole and separate property, joint tenants. My mom passed on 03/15. My sister filed an unlimited civil lawsuit quiet title, accusing me of undue influence and fraud. My mom was represented by counsel, my sister knew all along and even guided my mom the Bk proceedings while I was in prison, shortly after the deed was signed. My sister claims I tricked my mom into signing feed. Does she have a strong case? I provided my attorney with certificate of credit counseling frm my mom dated 02/06/12 I got my certificate on 04/012. Along with all original BK paper work I presented an excellent time frame, which speaks for itself. Does she have a strong case.


Asked on 5/06/15, 9:32 pm

1 Answer from Attorneys
Len Tillem Tillem McNichol & Brown

I will not guess as to why it would be necessary for your mother to transfer the home to you and her as joint tenants for bankruptcy purposes, but what it really comes down to is your mother's condition at the time of the transaction and whether or not she lacked the capacity to make such a decision or was the victim of undue influence. The lawyer who represented her when the deed was prepared and executed is the key witness.

Does your sister have a strong case: Here are two examples:

Bad case against you: You weren't involved at all in the entire process resulting in your mother transferring title to joint tenancy - mom made the appointment, visited the attorney, met with the attorney alone, etc.

Good case against you: You booked the appointment, attended the meeting. You and the attorney concluded what had to be done and your mother simply agreed to go along with it.

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Answered on 5/07/15, 9:25 am


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