QUESTION
Is there a fraud if my sister wanted her name solely on the deed without a Will?
Asked on Apr 14th, 2013 on Estate Planning - California
More details to this question:
My sister and father were on a deed. Dad dies. Sister runs to get her name solely on the deed. No will nothing in writing I’m oldest son isn’t there fraud?
16 ANSWERS
It depends entirely upon the nature of the deed that contained both names. If the title was joint tenancy then she succeeded to his interest by operation of law at his death. You should consult a real estate attorney to review all of the deeds and advise you.
Answered on Apr 16th, 2013 at 2:42 PM
Edwin K. Niles
Was dad competent when he signed the deed adding her name to the title? If so, how do you intend to prove fraud? Fraud (or undue influence) is a difficult thing to prove when the person most likely to establish that fact is no longer with us. You could track down the notary on the deed, who might have some recollection. This assumes that the property was originally in dad?s name alone, but if title was taken in both names at the outset, you might want to look into the reason.
Answered on Apr 16th, 2013 at 2:42 PM
3 Awards
Probably not, unless she fraudulently induced him to sign the deed. You may want to speak with an attorney about your specific facts, but the facts presented in and of themselves do not amount to fraud. This information is only intended to give general information in response to an inquiry. It does not establish an attorney client relationship. This response is only based upon the limited facts presented and is merely intended to assist you in determining if you should contact an attorney to provide you with legal advice.
Answered on Apr 16th, 2013 at 2:41 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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Very doubtful, the deed is valid and grants you no interest.
Answered on Apr 16th, 2013 at 2:41 PM
Tax Attorney serving Portland, OR
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Bullivant Houser Bailey PC
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If they owned the property in some form of survivorship and they were the only co-owners, she is the only owner once he dies-regardless of whether he had a will or what it said.
Answered on Apr 16th, 2013 at 2:41 PM
If the deed was a joint deed with rights of survivorship and it is valid, then your sister is the sole owner.
Answered on Apr 16th, 2013 at 2:41 PM
It is not possible to presume fraud from the facts you present. If you are concerned, your best course of action is to consult with an attorney specializing in estate matters.
Answered on Apr 16th, 2013 at 2:41 PM
It depends on why he put her on the Deed. Did he intend for her to have the property? Did he intend for you to have the property?
Answered on Apr 16th, 2013 at 2:40 PM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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Nope. She was the survivor. The only way you might get something is if the original deed had them as tenants in common and not joint tenants. You can look up the deed and see how it was made out. Now there may be a possibility that your sister exerted undue influence on your father to get her name on the deed, but that may be a difficult fact to prove. If you think it is probable, then contact the Idaho State Bar for a referral.
Answered on Apr 16th, 2013 at 2:14 AM
Probate Attorney serving Newport, OR
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Minor, Bandonis & Haggerty P.C.
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If they held the property as joint tenants with right of survivorship, then all Sister had to do was file a death certificate, and the property was hers. If they held as tenants in common, then Sister would have to administer your father's estate in order to own all of the property.
Answered on Apr 16th, 2013 at 2:12 AM
Business Planning Attorney serving Livonia, MI
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Frederick & Frederick Attorneys at Law
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I do not think this would be fraud. The question is whether or not your father's intent was to leave this to your sister and whether or not he had the capacity to sign the deed. The circumstances are important. You should review all of the facts with an attorney, as well as the deed in question.
Answered on Apr 16th, 2013 at 1:52 AM
2 Awards
It depends if the property was in joint tenancy between you father and sister. Have an attorney run a title search for you. If it was a fraudulent transfer it can be undone if you get to it quickly.
Answered on Apr 16th, 2013 at 1:44 AM
Estate Planning Attorney serving Torrance, CA
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The Law Office of Kelvin Green
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I will tell you that it depends on the way the title was written, but if she was a joint tenant with right of survivorship, once your father died, the property would jibe transferred outside the will. If there were undue influence or coercion to get her on the title you may have a colorable claim. I recommend looking at the title. You may need to have an attorney look this over and look at all the facts.
Answered on Apr 16th, 2013 at 1:41 AM
Admiralty / Maritime Attorney serving Monrovia, CA
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The Law Office of Nathan Wagner
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There may not be any fraud. If your father and sister were on the deed together as joint tenants with right of survivorship, then she would become the sole owner of the property when your dad died (and he would have become sole owner if she died before him). At that point, recording a deed with only her name is just bookkeeping. It's not fraudulent. On the other hand, if they were on the deed as tenants in common, then your dad's estate owns his share. There could be fraud if she is claiming to act for his estate or if she forged a deed. First, look at the old deed to your father and sister. If the deed says they are anything other than joint tenants with right of survivorship, you should make an appointment with a lawyer to talk about this situation.
Answered on Apr 16th, 2013 at 1:02 AM
In Michigan, if they were joint owners with survivorship, she automatically became owner upon his death. If, on the other hand, they were not joint owners with full rights of survivorship, your father's one-half interest would need to be probated. To whom did she run for what?
Answered on Apr 16th, 2013 at 12:23 AM
Trusts Attorney serving Sacramento, CA
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Law Office of Victor Waid
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Your sister has no authority to have her name put on the title after death of your father, unless the title was held in joint tenancy; this form of title provides the survivor receives title to the deceased's person share of the property.
Answered on Apr 16th, 2013 at 12:00 AM