Can this be contested, what type of attorney would I need and can I press criminal charges on the person who did it?

Question

My grandfather just recently passed (1/13/2013) when looking over his estate I realized that his deeds were indeed switch about six weeks ago to someone else's name. When I look at the copies public record had online there were "x"s where his signature should be. About 3 years ago, the senior citizen home my grandfather was in, deemed him incompetent to make decisions and therefore I wasn't able to become his POA and that the person that committed him initially would hold temporary POA until his improvement but unfortunately he never did. In August we signed Grandpa to be a "DNR" hospital wise and since then he's only diminished more. Six weeks ago he was literally in his deathbed.

Thomas Edward Gates · Answer

File a motion in court to throw the deeds out.

James Frederick · Answer

You need a probate litigation attorney. You would need to open a probate estate and have a personal representative appointed in order to try to "recover" the property for the estate. This is almost certainly not a criminal matter, but you would be able to sue in probate court.  Signing with an "X" is not a problem. It depends on all the facts whether your grandfather had capacity or not, but it certainly sounds like you have LOTS of red flags, here.  Best of luck to you!

Georges Shers · Answer

You need to go to an attorney who does estate work and also litigates cases [not all estate attorneys do] to get the transfer of the deeds cancelled on the basis that your grandfather lacked the mental capacity to make any transfers.

Shadi Ala'i AlaiShaffer · Answer

Sounds fishy and you want to move fast to protect his assets and your potential rights.

Charles Cruikshank · Answer

If your grandfather was adjudicated as incompetent, any deeds attempted by him would be void and not valid. If another person attempted to forge your grandfather's signature to a deed or to otherwise attempt to take the  property without full compensation, you could have the court set aside the deed and the property would pass to his heirs under the terms of your grandfather's will or by the law regarding inheritance if he had no valid will.

Victor Waid · Answer

Yes, obtain yourself a probate litigation attorney to file a petition to probate the estate and contest the transactions. Do not delay as you will want the attorney to obtain an injunction against transfer any of the assets until a determination can be made as to who is entitled to the estate distributions.

Christine James · Answer

You absolutely need to have an attorney look at the deeds and your grandfather's medical records.  If the transfers were fraudulent, you will have to go through a court process to unwind the transfers but it likely can be done.

James Oberholtzer · Answer

Run, do not walk to an attorney to get this property back.  If you move quickly you can get it back. You must move immediately to prevent it being sold to a bona fide purchaser without notice.

Norman Reitz · Answer

The facts present a clear case of fraud or undue influence. This is a civil matter for action by the heirs at law. It may also be actionable as financial elder abuse under the California EDAPCA statute. The heirs should immediately seek legal counsel from a California attorney who specializes in inheritance disputes. Or a civil fraud attorney.

Kathleen Delacy · Answer

You would to prove that he was incompetent at the time he signed the deeds.

Erven Nelson · Answer

You could sue to invalidate the deeds based on incompetence, fraud and undue influence.  But, if the new owner is totally innocent your only remedy would be against the person who arranged the transfer. If the new owners were part of the scheme, you could prevail against them. There are lawyers who specialize in disputing these kinds of transactions, one of who is my partner.

Charles Perry · Answer

You need to contact someone who is familiar with the laws concerning financial elder abuse, and with estates and probate. There may well have civil claims that can be pursued on behalf of your grandfather's estate against the people who changed these deeds. Much more investigation needs to be done, however.

Susan Wideman · Answer

Based on what you have said, it appears that something improper has happened.  I would contact an Elder Law attorney to begin with.

Brian Haggerty · Answer

I would see an attorney who handles elder abuse. And, yes, I would expect that discussions with the DA and police would result.

Tres Porter · Answer

1.  The only type of attorney who can file criminal complaints is the County D.A. office.  2.  If you want to contest the transfer of the property in civil court and/or sue for damages, you need to find a probate attorney, a real property attorney, or preferably one who practices in both areas. Either way, you should definitely consult with an attorney as soon as possible.

Dara J. Goldsmith · Answer

You would want to consult a probate attorney who has experience in asset recovery actions.  As far as criminal charges go, you may file police report, but in many jurisdictions there is simply not enough manpower in the DA's office to prosecute these types of cases. Again you may pursue a civil remedy regardless of whether the matter is prosecuted by the DA. Good luck to you.

Bernard H. Greenberg · Answer

You will need to contact an attorney who specializes in estates and probate. You can also contact the local District Attorney's Office and ask for the department that deals with fraud on seniors and the elderly to determine if they believe charges should be filed.

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Can this be contested, what type of attorney would I need and can I press criminal charges on the person who did it?

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