Can a daughter evict her mother after selling the family home?

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 situation depends on whether the deed transferring the property to the daughter was executed correctly. If done properly, the daughter is the legal owner as per the deed. It's essential to consider whether the parents had the legal capacity to sign the deed. In California, as in other states, certain individuals' actions may be void or voidable. A person must be of legal age, free from undue influence, sober, and mentally competent for their signature to be enforceable.

For issues like undue influence or mental capacity, it's common to rely on the acknowledgment of the person signing. Acknowledgments often state that the signature was an 'intentional act' or 'voluntary act and deed.' If the parents were not capable of understanding the consequences of the transfer, there may be grounds to contest the deed. If they were competent, it's important to check if the deed reserved a life estate or any remainder interest for them. A title search at the local land records will provide a copy of the recorded deed.

Consulting a local real estate attorney is recommended. They can review the specific facts and laws and may assist in 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.

FAQs

Yes, a parent can contest a property transfer if they were not mentally competent at the time of signing the deed. If they were unable to understand the nature and consequences of the transaction, this may provide grounds to challenge the validity of the deed. It’s important to gather evidence of their mental capacity at that time, which may include medical records or testimony from witnesses. Consulting a local attorney can help navigate this process effectively.