Chatsworth, CA asked in Real Estate Law, Legal Malpractice and Probate for California

Q: Its hard to explain my issue.There's a deed recorded,I say its not legal. Its my house but How to exit probate court?...

I say the deed is not legal because deed shows the Grantor is an estate that I used to be executor and only heir but this estate had ended, it was CLOSED years before this "bogus" deed was signed and recorded. So whoever tried to pull a fast one on me by recording a deed without my knowledge didnt know their info. They recorded the deed as if I gifted the property so there was no money exchange. I didnt find out until my house ended up having to be sold. Thats when I couldn't get my money from the sale. Now the money is in probate bcuz the Grantee past away and the son is claiming 100%. I have my docs of when i received that property through my moms estate to which I was executor of but by time they signed this crooked deed my duties had been over and done and I have the court papers to show there was no longer an estate that could sell or give away the house. I showed a lawyer my docs & he agreed so i hired him to object but all he did was add me as petitioner to 50% of the estate?

1 Lawyer Answer
Kenneth Sisco
Kenneth Sisco
  • Legal Malpractice Lawyer
  • Norco, CA
  • Licensed in California

A: There are still far too many facts missing to provide a really definitive answer. But, ultimately, if not settled, a lawsuit will need to be filed to cancel the "bogus" deed and quiet title. A forged deed is not merely voidable, but it is absolutely void. If someone forged your name, and you can prove it, the deed WILL be cancelled, and the property will go back to the estate of which you were executor and sole heir, at which time you will need to transfer the property from the estate to you, personally.

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