Improper Removal of a Co-Owner from a House Title
My question involves estate proceedings in the state of: CA
My father died 10 years ago and left his 1/2 of my parent's house to myself in his will. The other half has remained in my Mother's name. Since my Mother lives in the house I had no interest in securing my portion until she passes away.
In the last couple years, my sister in law has begun cozeying up to my Mother (her step Mother). Recently I discovered that she has used an attorney to have my name removed from the title of my parent's home. I know for certain that my name had been on the title as I saw it after my Father's death.
The current title only show's my Mother on the title. Furthermore my sister in law has arranged herself as both the benefactor and executrix. My Mother has no recollection of the change, but is certain she never intended or condoned placing my Sister as benefactor and executrix.
How is it possible that my interest was removed from a property title without my consent or notice? It appears that my Sister is clearly attempting to gain possession of my Mother's estate for herself by removing me and adding herself. What legal avenue do I have? I believe she deserves to be sued.
Re: In Law Colluded to Remove Me from Parents Home Title
Contact an attorney. I'd start with the one that handled the probate of your father's estate; I would expect that attorney should also be handling your mother's affairs.
In my community, elder abuse is taken very seriously; you may want to talk with the social service agency or city agency dedicated to senior services. In my state, Legal Aid has a lot of information on the legal needs of seniors. Google for similar information specific to your state.
Re: In Law Colluded to Remove Me from Parents Home Title
I know Florida law, not California law, but what you are describing is called undue influence. Yes, an attorney will be able to help you resolve this, but it definitely something that will require an attorney. Start with an attorney who specializes in elder law and/or probate.
Re: In Law Colluded to Remove Me from Parents Home Title
You need an attorney. The first thing he will do is determine if in fact the property was ever properly granted to you. House "titles" are not single documents. Each deed transfers some interest from the grantor to the grantee. Once you become an owner, there's no way to just "erase" that piece of history.
No amount of influence (undue or otherwise) can change a prior grant. Undue influence only applies to the share your mother still owns. Frankly, you have no right to that property, she's free to leave it to anybody she wants.
Re: In Law Colluded to Remove Me from Parents Home Title
There are many possibilities. It is entirely possible that the house was held in joint tenancy and the mother received the entire interest upon death so that the provision of the will was moot. There is no way for us to know and there are numerous possibilities. However, an inter vivos transfer based on undue influence is entirely possible. So is the drafting of a will leaving everything to the person holding the confidential relationship. But we have no idea who owns what in this case. The mother is certainly free to leave property to whomever she wishes if she is competent to do so and has not been unduly influenced. Undue influence or a fraudulent conveyance are pretty much the only legal theories that could help the OP.