QUESTION
Is there anything legally we can do to get my grandma’s land back?
Asked on Dec 24th, 2012 on Estate Planning - California
More details to this question:
My great grandparents left land for my grandma and her sisters some years back. The land was supposed to be divided evenly by the sisters. However, one sister forged both signatures to give land to her kids. I have the documents proving this and my grandmother was ready to take it to court. However, she recently passed.
13 ANSWERS
Business Attorney serving Orem, UT
at
Kirton & McConkie A Professional Corporation
Update Your Profile
Your grandma's personal representative can pursue this claim on her behalf. This person would be identified in your grandma's will, if she had one. If she did not, the law in Utah provides a list of who has preference to be appointed as personal representative. I recommend you consult with an attorney experienced in probate and estate planning.
Answered on Jan 07th, 2013 at 1:43 PM
Business Planning Attorney serving Livonia, MI
at
Frederick & Frederick Attorneys at Law
Update Your Profile
If you can prove your allegations, then it is certainly possible. I would be concerned about a potential statute of limitations and why this was not addressed earlier. Since your aunt is likely to vigorously contest this, I do not see any way to proceed without a lawyer.
Answered on Jan 04th, 2013 at 3:28 PM
Shadi Ala'i AlaiShaffer
Hire an attorney. If the land is still there and in their names you could file action against them/her.
Answered on Jan 04th, 2013 at 8:08 AM
3 Awards
Maybe. It is a complicated issue that would need to be pursued by the court appointed representative of your grandmother's estate. I suggest that the person named executor in your grandmother's Will meet with an attorney to address the probate of her estate and the possible cause of action against her sister.
Answered on Jan 02nd, 2013 at 12:29 PM
Taxation Law Attorney serving Glendale, CA
at
Irsfeld, Irsfeld & Younger LLP
Update Your Profile
Yes, you can sue. Probably the first step is to petition for letters and open a probate for your grandmother's estate.
Answered on Jan 02nd, 2013 at 12:29 PM
Yes, you must immediately assert your proof of fraud in the land title before someone buys it without knowledge of the fraud. Once it is sold to an innocent third party it is very hard to get it back.
Answered on Jan 02nd, 2013 at 12:29 PM
2 Awards
Talk to an attorney. There is something you can do, provided that there has not been too much time pass.
Answered on Jan 02nd, 2013 at 12:29 PM
Probate Attorney serving Newport, OR
at
Minor, Bandonis & Haggerty P.C.
Update Your Profile
Forgery is a crime. Have you been to the sheriff or DA?
Answered on Jan 02nd, 2013 at 12:28 PM
2 Awards
If the signatures were in fact forged and the "purchaser" is not innocent, it is possible to get the land back.
Answered on Jan 02nd, 2013 at 12:28 PM
Alternative Dispute Resolution Attorney serving Baltimore, MD
at
Whiteford, Taylor & Preston L.L.P.
Update Your Profile
Your grandmother's estate might be able to sue the sister who forged the documents and/or the children who received the land.
Answered on Jan 02nd, 2013 at 10:10 AM
Business Law Attorney serving Livonia, MI
at
Gerald A. Bagazinski
Update Your Profile
First I am assuming you have an interest in the property. If not your parent must bring suit. How long ago did this occur? I am asking this to determine if there are any advese possession issues. The next issue is who has paid the property taxes? Be prepared to hire a document examiner if they contest the action.
Answered on Jan 02nd, 2013 at 10:10 AM
Elder Law Attorney serving Hollister, CA
at
Charles R. Perry
Update Your Profile
It sounds like the claim now belongs to your grandmother's estate. As such, the claim must be handled by the person who is the executor of your grandmother's will or the administrator of her estate. You need to speak with a good probate attorney to help you decide the best way to proceed with this claim. It is not something you are likely to be able to handle on your own. You should also act quickly, to minimize any risk that the statute of limitations will bar the claim.
Answered on Jan 02nd, 2013 at 10:09 AM
Commercial Contracts Attorney serving Boise, ID
at
Peters Law, PLLC
Update Your Profile
All you can do is try. It may depend on when the fraud was discovered. The statute of limitations may prevent you from going forward. Whoever is the personal representative of your grandmother should pursue the case as soon as possible. If there is no personal representative, you may want to open a probate case just to be able to pursue the litigation.
Answered on Jan 02nd, 2013 at 10:09 AM