Full question:
Elderly parents put their daughters name on their property (primary place of residence), now the daughter is selling it out from under them now that the father died and evicting the mother and sister. How can they be helped?
- Category: Real Property
- Subcategory: Deeds
- Date:
- State: California
Answer:
The answer may depend on whether the deed that transferred ownership to the daughter was done properly. If it was done properly, the title would be legally held by whomever was listed as the grantee on the deed.
Often with elderly parents, the question of legal capacity to sign a deed or other legal document must be examined. California, just like ever other state provides that acts by certain individuals are void or voidable. A person must be of legal age, free from undue influence, sober, and of requisite mental capacity for their signature to be fully enforceable.
For some issues, undue influence, sobriety and mental capacity it is common practice to rely on the assessment of the person giving the acknowledgement. Acknowledgements may contain recitals describing the signature of the person as an "intentional act" or "voluntary act and deed."
If the parents were not capable to knowing the consequences of the transfer, it may be possible to challenge the transfer with a deed contest.
If they were competent enough to execute the deed, the deed should be examined to see if a life estate or any remainder interest in the property was reserved for them. A title search at the local land records will give you a copy of the actual deed as recorded.
We would recommend a consultation with a local real estate attorney who can examine the specific facts and laws and perhaps assist with delaying the sale of the home.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.
