Legal Question in Wills and Trusts in California
quitclaim fraud?
My sister had my Mother who was not mentally sound tell a notary to give her my parents home. My Mother had a stroke 7yrs ago and the bleeding in the brain caused brain damage, she wasn't aware time and was not capable to make this decision. My Father died 15 mos. ago and my Mother just died. There are four siblings and their Will states everything is divided amoungst the four children. We just found out my sister had the house put in her name 1 yr. ago after my Father died and now she is trying to make it seem like the house is hers and the rest of us are screwed. Is this real estate fraud? Does the Will protect us? What are our resources if we don't have money to hire an attorney? Please Help?
2 Answers from Attorneys
Re: quitclaim fraud?
You may well be able to sue for elder abuse, and yes, you will need to retain an attorney.
Re: quitclaim fraud?
Your resources are your share of the inheritance. If your mother was incompetent at the time, the deed from her is invalid. You must file a probate and prosecute an action to void the deed as part of recapturing title to the house for the benefit of the estate. Hire a lawyer. The lawyer will be paid from the estate.
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