Legal Question in Wills and Trusts in California
Son used father's name and another person's credit to get property
My father-in-law died a year ago. His son's name is the same as his only son is a Jr.. Prior to father's death the son arranged to get the house out of debt by refinancing. He Put his name on another person's credit and got the loan. He then quit claim deed the property over to these people prior to the death of my father-in-law. He moved into the house after the death.He told the people that he would give them several thousand dollars to get the deed changed back to his name. They wanted more that first agreed upon and he then went to court the judge refused to grant them the money and told them that they didn't own the house but the deed still reflexs them on the grant deed. My wife, his sister, wants him to sell the house and split the money. What can be done about this situation.
2 Answers from Attorneys
Re: Son used father's name and another person's credit to get property
It sounds as if you may have an action for reformation of the deed, and/or a breach of contract action. Each would depend upon knowing the specific circumstances. It likely involves fairly complex issues, and so you may wish to retain an attorney.
Re: Son used father's name and another person's credit to get property
What she should do is go back to the attorney who handle the matter and find out why the property has not been transferred back into the original parties may. If there are certain conditions which are required such as paying off the people who wanted more money than they should actually have gotten than that may be why you can't do it right away. Understand the court probably only put the people back into the condition in which they were in and did not penalize these people for wanting more than they should have received. Moreover, we don't know what the facts are applicable to what you're brother in actuality did, and whether it was incorrect or currently done.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.
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