Legal Question in Real Estate Law in California
transfer of deed
I am JTwROS with mom. I also have DPOA. I would like to transfer the house to myself for safe keeping. we have a family history of family members committing fraud, forgery, and theift. My mom has not been diagnosed with incompetancy and at the time of the documents I asked her doctor about this and he said she was fine. My brother who is on disability wants to pressure mom into signing him on the house. He has a long rap sheet. My brother-in-law also has been convicted of fraud and wants the house also. He has had my mothers trust. What should I do?
2 Answers from Attorneys
Re: transfer of deed
If you transfer the property to yourself, you may be alleged to have engaged in self dealing or theft, or otherwise alleged to have breached your duties and obligations under the DPOA. Your mother is free to do whatever she wishes with her share of the property. If she wants to give it to your brother, in-law, church, or whomever, she is free to do that, even if you consider it a bad decision. If you transfer the property to yourself, you will have divested your mother of her ownership interest. She won't like that, I imagine, and may certainly challenge (sue) you on it.
Re: transfer of deed
The right thing. See response to prior post on this.
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.
