Legal Question in Banking Law in California

I have just found out that my step-father got a reverse mortgage on the family home and dispensed various amounts of money to his family members and his attorney without the knowledge of me, my brother and my mother who has Alzheimer�s. Is there any recourse for us in getting back any of those funds and preventing my step-father from doling out any more of the marital assets to his relatives?


Asked on 12/11/09, 4:19 pm

1 Answer from Attorneys

If he gave away more than 1/2 the equity in the property, you may have an elder abuse action against him and his family members. In any case this is a serious situation and not one for amateurs. You need to consult with an attorney who can go over all the facts with you and come up with a course of action. This kind of thing only gets worse, so you should retain counsel right away. You probably need a conservator for your mother, and quite frankly maybe one for the step-father. When elderly people give money away, especially by borrowing out of their homes, it's a big red flag that they are no longer competent to manage their affairs and are being taken advantage of, even if they otherwise seem mentally competent.

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Answered on 12/16/09, 11:36 pm


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