QUESTION
Can I stop her and get what should be my things?
Asked on Aug 03rd, 2013 on Estate Planning - California
More details to this question:
I was left a home. The person who left it to me got it when his mom died. He didn’t record the deed, now his sister popped up and got a deed as if it were left to her by her mom but that’s not true but it worked. I hope you can help.
14 ANSWERS
Bankruptcy Attorney serving Florissant, MO
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Law Offices of Thomas Corcoran Phipps
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You are going to have to go to court. You will need an attorney who is familiar with real estate law.
Answered on Aug 19th, 2013 at 7:32 PM
3 Awards
You should hire an attorney to review the mother's estate or trust administration. You also need to have your friend's probate or trust administration reviewed or administered by an attorney. The answer to your question is "it is hard to say, without reviewing all of the underlying documents.
Answered on Aug 09th, 2013 at 9:03 PM
Estate Planning Attorney serving Wilmington, DE
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Reger Rizzo & Darnall, LLP
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If you can prove she took ownership fraudently
Answered on Aug 09th, 2013 at 9:03 PM
Your friend's failure to record the deed has removed him from the ownership record. You'll need to take her to court to get ownership of the property.
Answered on Aug 09th, 2013 at 9:03 PM
Thomas Edward Gates
There needs to be a paper trail from mother to son to challenge ownership. You can request a civil standby to retrieve your things.
Answered on Aug 09th, 2013 at 9:03 PM
Probate Attorney serving Newport, OR
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Minor, Bandonis & Haggerty P.C.
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There are too many facts not set forth in your question. You should hire a lawyer to examine the condition of title of this home and advise you. The initial legal work will cost a few hundred dollars the house is worth, what, one, two hundred thousand? Do the math.
Answered on Aug 09th, 2013 at 9:03 PM
How could she get a Deed after the owner died? Is it false? If it is clear that the house is yours, I suggest you make a written demand on the sister. If it fails, you will have to file a lawsuit to quiet title.
Answered on Aug 09th, 2013 at 9:03 PM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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You need to go to an attorney to work out the details. Without recording the deed from his mom, you may not have much of a case. And it may be, he was the one lying to you.
Answered on Aug 09th, 2013 at 9:03 PM
The typical way to validly transfer real property after death is to probate the estate. Another way to transfer is to have validly executed a deed before the death. It is possible to have a signed deed that was not recorded but that is typically recorded shortly after death. Another transfer by deed is to have a life estate deed recorded before the death. You should engage an attorney to review all the documentation you have in order to determine your rights.
Answered on Aug 09th, 2013 at 9:03 PM
Probate Attorney serving St. Louis, MO
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Edward L. Armstrong, P.C.
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You need to retain a lawyer. This is a type of fraudulent activity but you have to be able to prove that you were supposed to have this house that means you need to have evidence that is "competent." This will require testimony of a person who knows that this house was left to you. You can also provide documentation to prove this. If there is sufficient evidence a judge may set aside the deed and award the property to you but this will be a difficult procedure.
Answered on Aug 09th, 2013 at 9:03 PM
Your first step should be to contact an attorney who specializes in property disputes.
Answered on Aug 09th, 2013 at 9:03 PM
Business Planning Attorney serving Livonia, MI
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Frederick & Frederick Attorneys at Law
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Your situation is far too complex to deal with in this forum. You need to have an attorney review things in detail. If the deed was properly executed and delivered, then the recording would not have been necessary to effect transfer of the property. It sounds to me like you need to file a "suit to quiet title" to the property. This should be done, as soon as possible.
Answered on Aug 09th, 2013 at 9:03 PM
Unless there is a "paper" trail from the person who you claim left it to you. Then the title would go to heirs of the deceased, likely his sister
Answered on Aug 09th, 2013 at 9:02 PM
2 Awards
Title needs to be reviewed ASAP. Get an attorney. If you have proof the home was left to you (the deed even though unrecorded), bring it forward NOW. Don't waste ANY time or it will be an expensive mess.
Answered on Aug 09th, 2013 at 9:02 PM