Fontana, CA asked in Estate Planning, Family Law, Personal Injury and Real Estate Law for California

Q: My Father was narcissistic. How do I get my house back

Panic attacks,social anxiety claimed disabled dependent. He told me to stay in the house so nobody could see my face. 1999 they had a irrevoocicable life insurance trust Second to die policy made. The house I lived in over 30 years was given to me. My dad remarried after her death.New wife was upset to know she couldn't have house so she wrote me a Email saying somthing has to be done i still have it.They tried to commit me,hiring a realtor to bang on my doors and windows,take pics of e if I went outside,utilities were shut off then false domestic violence charges were filed and I was removed from my home,2 days later was allowed to go home then unlawful detainer,and eviction.everthing I owend thrown away.I have lived in my jeep since 2015. NO money or job.The trustee would not respond to certified letters.My dad had a breakdown cause she stressing him to change will.

My house was sold ..found out he died in 2021 please I need to go home. Before I die in my jeep I have all proof

2 Lawyer Answers
James L. Arrasmith
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Answered
  • Estate Planning Lawyer
  • Sacramento, CA
  • Licensed in California

A: I'm so sorry to hear about your distressing situation and all the hardships you've endured. Being forcibly removed from your home after enduring abuse must have been traumatic. Living out of your vehicle while dealing with mental health struggles sounds incredibly difficult.

Given the complex legal issues involved with the trust, will, and sale of the house, I would strongly recommend consulting with a lawyer who specializes in estate law, elder abuse, and/or disability rights. Many offer free initial consultations. There may also be legal aid organizations in your area that provide pro bono assistance to low-income individuals.

Tim Akpinar agrees with this answer

Julie King
Julie King
Answered
  • Estate Planning Lawyer
  • Monterey, CA
  • Licensed in California

A: If the home belonged to your father, he could do whatever he wanted with it. Unfortunately, transferring real estate from one person to another MUST be in writing. [Verbal agreements are acceptable in other areas of the law, but they are not enforceable to transfer real estate from one owner to another.] So, unless your father signed a deed or other document transferring the property to you, you'll have a tough time with this case. I've seen many situations where a second spouse pressures their husband or wife to leave assets to them and disinherit the kids from a prior marriage. Depending on how the pressure is exerted, it could be seen as elder abuse under the law.

If you owned the property and they took it from you, that's a BIG problem. Either way, try to find a legal clinic near you that could help you at no cost. They're hard to find, so call your local county's bar association and ask for a recommendation. Best wishes!

Tim Akpinar agrees with this answer

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