Mission Viejo, CA asked in Civil Litigation, Probate and Elder Law for California

Q: Under these circumstances who or what type of attorney would I look to ask for help

I have an issue with family my mother m had given me a home that was ours my cousins their husbands and there friends harassed for four years before they came up with the idea of having me evicted from property they did nothing until my moms Alzheimer's was Serious enough that my step father took over her affairs they lied in court to achieve their objective of wich there is evidence to support I lost tens of thousands of dollars of property I had put a lot of money in to the property. I want to bring litigation against step father and sister and cousins to recoup losses I lost most everything

2 Lawyer Answers
Bruce Adrian Last
Bruce Adrian Last
Answered
  • Estate Planning Lawyer
  • Pleasant Hill, CA
  • Licensed in California

A: Mission Viejo, CA:

Interesting question. From the facts you set forth, you would need an attorney who is well versed in real property law. Also, if your Mother is still alive, then they should also be knowledgeable about conservatorship law. (If she was subject to a court conservatorship). If you Mother is deceased, then you will need an attorney familiar with real property, probate, and conservatorship law.

You may wish to contact you local county bar association's lawyer referral service. Most California county bar associations provide a lawyer referal service. The service will ask about the basic facts of the case and refer you to an attorney in the right legal practice area. The attorney then provides a consultation (usually 1/2 to 1 hour) for a nominal fee.

Best of luck to you.

Louis George Fazzi agrees with this answer

David Keith Hicks
David Keith Hicks
Answered
  • Dunsmuir, CA
  • Licensed in California

A: Did your mother have a will, a living or family trust? How did she and step-father hold title?

Typically one finds joint tenancy or tenancy in common. Some times title is held as community property. You don't say what state you are in. Married couples that care about each other first are best off holding, in community property states, title as Community Property with Right of Survivorship. Most of the above tenancies result in property going to the spouse.

Were you told anything by your mother about her intentions? Do you have a letter from her about such things?

You might get a stronger answer if you ask again, including those items mentioned above.

Good luck.

David Hicks

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