Legal Question in Wills and Trusts in California

My sister committed forgery and fraud and with reckless indifference cut me out of my co ownership of three valuable ca coastal homes held in a living trust by our grandmother. She used her power of appointment to forge my name and notary stamp in a quitclaim deed where I supposedly released my beneficial interest in the trust properties, and went on to self deal and when my grandmother had dementia and it is my belief her signature was forged as well. this happened 15 years ago and no lawyer I spoke with would take my case so I am doing this on my own. She has yet to respond and hopes it will all go away but no the judge will issue an osc to get her to court. She has many of her own properties in San Diego and from what Ive discovered the original 3 still belong to our family. She is a lender, RE broker, Senior loan officer and I just want our family home back that my father built and owned by my grandmother who wanted it kept in the family. I think it will be a default judgement and the judge is giving me the chance to amend my petition and ask for damages but how do I calculate 15 years and over 500,00 of apprieciation damages alone times 3 homes besides giving all my opportunities for my kids amd I to unrelated third parties.who usurped all our financial interst in home security. Which was the main purpose of the trust


Asked on 4/15/16, 1:05 am

1 Answer from Attorneys
Charles Perry Law Offices of Charles R. Perry

If you amend, you will need to re-serve your petition and your sister will have an opportunity to appear and challenge your case. You may need to amend, but it is impossible to know without reviewing the petition.

Without knowing a lot more about your case, it is impossible to tell you how damages should be calculated. There is no one-size-fits-all formula. For instance, are the properties coming back into the trust? Are they being transferred to you?

You should be consulting an attorney at least on a limited representation basis for assistance with this project. It may be that the default makes someone more interested in your case.

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Answered on 4/15/16, 8:10 am


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