Legal Question in Real Estate Law in California

I just found out that my oldest sister has "somehow" made herself the owner and trustee of my Mom's house. My Mom suspected this but thought she was still the owner because she has been paying the tax on the house. My Mom recently said that all three sisters are to be the inheritors of the house. My Mom is now in her 80's speaks limited english and has dementia symptoms. My Mom did not knowingly sell or in any way give the house to my sister. I was told she was asked to sign something (which she didn't understand) and when asking what she was signing to my oldest sister she was told it was a document that said that as long as there were loans taken out on the house that there would be no inheritors. My sister has been the only one taking out money and she did not consult any family member. My Mom has been refused welfare assistance because they said she has the house. I am confused by these supposed mixed messages. My brother-in-law (middle sisters husband) took my sister to court regarding his moving into a smaller house on the property and I heard they had a right to do that...I am confused by all of this. I was told that my middle sister has tried to discuss the house with her but she is refusing to talk about it. My Mom is still coherent enough to declare that she never gave my sister the house but she seems afraid to do this because of all the conflict. Any advice will be helpful. The property in question is:

88 Melrose Avenue

San Jose, CA 95116

Thank you,

Maria Silveira


Asked on 7/24/13, 10:15 am

2 Answers from Attorneys

Terry A. Nelson Nelson & Lawless

If improper transfers occurred and things were done wrong, to 'correct' this will require someone in the family file legal action in court to set aside the transactions. If you don't know how to do so effectively, hire an attorney to do so. Contact the local Lawyer Referral Service in your county for names of attorneys.

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Answered on 7/24/13, 10:19 am

This sounds like criminal elder financial abuse. The Santa Clara County District Attorney's Office has a division that handles these kinds of situations. You should contact them immediately.

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Answered on 7/24/13, 1:11 pm


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