South San Francisco, CA asked in Real Estate Law, Probate, Elder Law and Estate Planning for California

Q: Can my grandmas Fadituary buy my grandmas property

I have noticed my grandmas fadituary now bought my grandmas property. Is this legal? this woman has almost killed my grandma destroyed her life now this!

3 Lawyer Answers
Dale S. Gribow
Dale S. Gribow
Answered
  • Palm Desert, CA
  • Licensed in California

A: more info needed.

consult with a real estate lawyer asap.

Nina Whitehurst
Nina Whitehurst
PREMIUM
Answered
  • Estate Planning Lawyer
  • Crossville, TN
  • Licensed in California

A: There is no such word as "Fadituary". Do you mean fiduciary? Is this person your grandma's attorney in fact (agent appointed under a power or attorney)?

If so, yes, the purchase of your grandma's home may very well have been illegal self-dealing. Some powers of attorney allow it, but most don't. And even if it is allowed, the deal must be completely above board and in the best interests of the principal, your grandma, and fair market value must be paid. If you think the transaction was fishy, you need to take action immediately, before this individual sells the property to a third party. Find a real estate litigation attorney in your area. You are looking for someone with experience litigating breach of fiduciary duty cases and elder abuse cases. It is going to be tough because first you are going to need to get someone other than the bad person appointed as your grandma's guardian and conservator. Do not delay.

Theodore Allan Greene
Theodore Allan Greene
Answered
  • Sacramento, CA
  • Licensed in California

A: You should immediately consult with an attorney how has real estate and fiduciary duty experience. Don't wait.

1 user found this answer helpful

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