Legal Question in Real Estate Law in California
Realestate gift
My partner and I were gifted onto title of a family members home. The family member is over 65 and now suffers from dementia. The family member is now saying with the influence of others that they didn't mean to do it. The ''others'' have had the family member sign a trust naming them as beneficiaries so they are convincing this family member to try and say we took advantage so they can get the entire home when this family member passes instead of the portion the family member really has possession of.. We were buying this family member out of their interest in the property and we have taken out a loan paying off the original loan, repairs of property and payments to this family member. We cannot account for every cent of the loan only about 75%. However the loan is in our name also and our credit was used to obtain it.They now say we are taking advantage. A court conservator is trying to seek control and we fear of their motives. The outside infuences seem to get to speak first and we always are trying to protect ourselves. We are trying to seek conservatorship so we can care for our loved one and get these outside influences out of their life. I am concerned for our legal rights as I feel they want to get us off title. HELP...
1 Answer from Attorneys
Re: Realestate gift
By "gifted onto title," I assume you mean that the family member executed an at least facially valid deednaming your partner and you as grantees, and that the deed was duly notarized and recorded.
This developing legal mess is probably headed for court. Fortunately for you, the law requires a rather substantial loss of mental capacity before a person is deemed unable to make a valid deed. Having demential alone is usually not sufficient -- especially if the deed was made several months or years before the dementia manifested itself and was incapacitating. Generally, I'd say, a person who is mentally able to live alone and do his or her own shopping and bill paying at the time will also be capable of making a valid gift deed.
In addition to lack of capacity, the other side may challenge the deed based upon undue influence. This is a different although somewhat related basis for challenging a deed. You did not present many facts that would bear upon the presence or absence of undue influence, so I can't comment on that -- but the burden of invalidating a deed lies with the challenging parties to prove the facts by clear and convincing evidence.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
