Legal Question in Real Estate Law in California
Tricked off title of inherited property
Three years ago, I inherited a house with my sister and brother, as tenants-in-common. My sister and I bought my brother out right after probate. My sister refinanced to pay me back for helping her buy my brother out. I was removed from title and then restored after the refinance was finished. My sister recently asked me to step off the title so that she could refinance for a better rate and term. I did so and now she refuses to return my name to title. I also have discovered that she took over $50K for her personal use when she refinanced. What can I do?
3 Answers from Attorneys
Re: Tricked off title of inherited property
This looks like a blatant example of fraud to me. Sure, you were foolish to step off title without a written agreement. Perhaps there has even been a little deception practiced on the lenders. Nevertheless, a properly-prepared and carefully prosecuted lawsuit should overcome the sister's fraud and restore you to co-ownership.
There are probably a bunch of collateral problems here, such as capital gains and losses on the various transfers of the part interests, recording and tax re-appraisal issues, and a lot more.
Even if the various agreements between your sister and you were not in writing, it should be possible to establish your right to remain a co-owner. This would include your right to your share of the cash withdrawn in the refinancing.
If you would like a further legal analysis and a definite proposal for correcting this mischief, please contact me for a free consultation.
Re: Tricked off title of inherited property
You can sue her under a number of theories, breach of contract, fraud, and for an accounting and to have the court determine that you have an interest in the house under a resulting trust.
Re: Tricked off title of inherited property
2 different answers and both right -- now let's look at this realisticly. this is family and family does not do this to family but after 30 years with an expertise in real property, estate planning and probate family members do get greedy and many think that they can pull the wool over their siblings eyes --- they are wrong but before you go sueing get an attorney and discuss settling with her --- if you don't care if she is at the next thanksgiving dinner then my answer is surpluous, but she will always be your sister and there may, just may slightly, be a good reason for her actions, just a shot but lawsuits are costly and at least the property is there but as long as it is in her name alone you are in jeoapardy soooooo get an attorney fast, now, yesterday --- you may be able to negotiate with her but an attorney may have a bigger stick just because he/she is an attorney --- get one with real estate litagtion expertise like myself so you can hear many alternatives but don't count off the lawsuit route, and she should, not guaranteed, settle soon after the suit is filed if it as clear as your question suggests --- good luck man
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